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(영문) 인천지방법원 부천지원 2018.04.04 2018고단1

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall photograph the body of another person, which may cause any sexual humiliation or sense of shame, by using a camera or other similar mechanism, against his/her will.

On October 8, 2017, the Defendant tried to install a cell phone (which means a window in Samsung Ggle) in the front column in the public toilet (for women's use) with the remaining floor C 1 on October 21, 2017, and without the consent of the victim D (name, n, age 37) who reported a melting side in the side column, and to take a photograph of the victim who could cause sexual humiliation using the mobile phone function as a mobile phone camera. However, the Defendant attempted to take a side of the victim who was found to have failed to photograph the sound and attempted to do so.

[The defendant and his defense counsel did not take the cell phone at the time and place mentioned in the facts charged

The argument is asserted.

However, the victim appeared as a witness in this court and took an oath, and the defendant tried to set up a mobile phone and take a photograph of the victim as stated in its reasoning.

was stated.

The statement is consistent, consistent, consistent, and detailed with the statement in the investigative agency, and there is no question about the content.

There is no motive for the victim to make a false statement at the risk of punishment for perjury.

E also appeared as a witness in this Court and took an oath, and appeared to be a crime from the Defendant at the site.

was stated.

If the defendant did not take part in a mobile phone, he would not take part in a brupted life when he did not take part in the mobile phone.

Therefore, it is recognized that the defendant attempted to photograph the victim with a mobile phone as stated in its reasoning, and the defendant and his defense counsel are without merit.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police against D;

1. Each of D and E.