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(영문) 수원지방법원 2018.10.22 2018고단2838

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

In 2016, the Defendant was residing in the dormitory of the Defendant, which was located in the Haak-gu, Simsan-si, Simsan-si, the Defendant found the victim D (Y, 19 years old) who is studio mert, and the Defendant taken the victim's upper half of his clothes without any clothes using a cellular phone with Kamera in 2016.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statements by witnesses D and F (E) (excluding parts of the contents from E);

1. Determination as to the assertion of the defendant and defense counsel submitted by the victim

1. The defendant's assertion was able to respond as if he had been the victim's photograph as he had taken the victim's photograph, but it is impossible to memory whether the victim's body was the victim's body or not, and E is not good between the defendant and the victim's body, and the fact is distorted.

2. Comprehensively taking account of the following circumstances revealed by the evidence revealed earlier, the Defendant’s body of the victim’s upper half of body as stated in the facts charged can be acknowledged.

① A direct witness of the instant photograph.

A statement shall be E.

E was the victim's image (the defendant, F, and E are separated from the number of the defendant, and the defendant was off his studio victim, and at that time, the defendant showed that the defendant took off his body body body body body photograph of the victim) from the photograph at the time of the photograph (the double the body part was removed.).

At the time of seeing the victim's body, the victim was not memoryed, but the victim was just the victim, and the victim was the first half of his body), and the photograph (the defendant was coming from the second floor of his own body).