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(영문) 수원지방법원 평택지원 2019.08.09 2019고정9

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

On April 8, 2018, around 01:38, the Defendant: (a) reported that the Victim D (FI, name, and age 15) sits on the her body above the her mouth, and took a photograph by using a mobile phone against the victim’s will.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Legal statement of the victim;

1. Transmitting photographs of the suspect;

1. Data to cut CCTV and black stuffs images;

1. The statements of the police and the victim recorded in each video tape CD by the prosecution;

1. Investigation report (digital evidence analysis result, etc.);

1. The defendant and his defense counsel stated some statements in the suspect interrogation protocol of the defendant against the defendant in the police (second time) together with the victim, but the victim was not off his clothes at the time, and therefore the defendant did not bear the body photographs of the victim.

In full view of the evidence duly adopted and examined by this Court and the following circumstances (1) through (4), the defendant can sufficiently recognize the fact that he/she taken photographs of the victim using his/her cell phone against the victim's will, as stated in the facts constituting the crime in the judgment, and thus, the above assertion by the defendant and the defense counsel cannot be accepted.

(1) A victim has made a concrete and consistent statement from an investigative agency to this court on the facts constituting an offense, and the statement is also consistent with the objective facts as set forth below.

② According to CCTV images installed in front of the entrance of the instant telecom C, the Defendant returned to the said sub- subparagraph C while leaving the cell phone to turn ahead of the Kameras, and then laid down the cell phone by inserting it out of the open-air.

In other words,