성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
1. The defendant shall be punished by imprisonment with prison labor for eight months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 9, 2016, from around 03:00 to around 04:00 on the same day, the Defendant taken a photograph of the body and the body of the victim by using the camera function of the 6S mobile phone device owned by the other Defendant while under the influence of this breath from the D2 guest room in Jeju Island, D 3:00 on the same day.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.
Summary of Evidence
1. Each legal statement of the witness E and F;
1. Some statements made to the accused in the protocol of interrogation of the suspect (one answer type) to the prosecution;
1. Statement of witness by the prosecution against E (tentative name) and F - door answer-type one time;
1. The protocol of police statements made to E (tentative name) - the victim and the police statement made to F - the reference witness;
1. Determination as to the assertion of the defendant and his/her defense counsel by attaching on-site photographs
1. The defendant and his defense counsel shall not have taken a photograph of the victim's body with the facts constituting the crime in their holding;
2. Where a witness’s statement, including the victim, is mutually consistent and consistent with the facts charged, it shall not be rejected without any separate and reliable evidence to deem that it is objectively acceptable from an objective perspective. The mere fact that the witness’s statement is consistent in the main part of the statement, such as where consistency exists, and there is no little consistency in the witness’s statement on other minor matters, does not unreasonably deny the credibility of the statement (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2007Do10728, Mar. 14, 2008). However, according to each evidence duly adopted and investigated by the court, the victim and this court made a consistent and concrete statement in place of the Defendant’s crime in this case, its previous status, and the above statement conforms to G’s statement and circumstances after the crime in this case.