성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. No person prosecuted shall take photographs of another person's body, which may cause any sexual humiliation or sense of shame, using a camera or other similar mechanism, against the latter's will, or distribute, sell, lease, or openly exhibit or show the photographs thereof;
Nevertheless, the Defendant taken one-time video images against his/her will, such as the face of the victim E (the age of 32), chests, and scarcitys, which he/she used his/her mobile phone at the Defendant’s dwelling in Mapo-gu Seoul, D, 201, and 201, from the insane of June 201 to the insane of August 201.
2. In view of the results of the reproduction of the CD of the video files disseminated by this Court, recognized by the victim’s legal statement in part of the witness E, the image taken by the victim, the length of the photographed video, the appearance of the cell phone, the distance between the arrest of the victim and the cellular phone, the degree of conversation between the Defendant and the victim at the time of the shooting, the contents of the conversation divided by the victim and the response of the victim after the shooting, the Defendant taken the video image against the victim’s will at the above time.
The recognition is insufficient, and there is no other evidence to prove it.
Thus, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered after the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced under Article 58(2) of the Criminal Act.