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(영문) 서울중앙지방법원 2017.09.01 2017고단3477

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From around May 2015, the Defendant d (V, 27 years old) and from around December 2016.

On October 22, 2015, from around October 22, 2015 to October 23, 2015, the Defendant taken screen pictures using the Defendant’s cell phone camera function without the consent of the injured party’s body, who takes a sexual intercourse with the Defendant, at a hotel where it is difficult to know the trade name in Paris in France.

Accordingly, the defendant taken videos against his will, using devices similar to the camera, which could cause sexual humiliation or shame.

Summary of Evidence

1. Legal statement of the witness D;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by the prosecution with regard to D;

1. E-mailic images of the e-mail;

1. A statement of F sales (where the statement of a witness, including the victim, is consistent and consistent with the facts charged, it shall not be rejected without permission, unless there exist any other evidence objectively deemed objectively acceptable in light of the facts charged. In the major part of the statement, the credibility of the statement should not be readily denied solely on the ground that the statement of a witness, including the victim, is somewhat inconsistent with the statement of other minor matters in the case of consistency (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2007Do10728, Mar. 14, 2008). However, according to each of the above evidence duly adopted and investigated by the court, the victim’s statement is consistent and specifically stated in the investigation agency and this court as a substitute for the crime of this case and its previous and subsequent circumstances, and there is no other circumstance that the victim’s statement is false. Thus, the victim’s statement does not seem to have any credibility.

I would like to say.

According to each of the above evidence, such as the investigation agency of the victim with credibility and each of the statements in this court, the defendant.