성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 23, 2018, at around 17:40, the Defendant tried to take the body of the victim who could cause sexual humiliation or shame against the victim D(I, 30 years of age) will, using the cell phone (i.e., opphone) of the victim’s cell function in the first floor of public toilets of “C Hospital” located in B, Busan, and intended to take the body of the victim who could cause a sense of sexual humiliation or shame against the victim’s will.
Summary of Evidence
1. The witness D’s legal statement (whether or not the content itself conforms to the rationality, logic, morality, or rule of experience, and the credibility of the witness’s statement is recognized in light of the appearance or attitude of the witness, the penance of the statement, etc.);
1. Statement made to D by the police;
1. The police seizure record and the list of seizure;
1. Written statements of D;
1. On-site photographs 【The degree of formation of a conviction in a criminal trial” must be such that there is no reasonable doubt. However, it is not required to exclude all possible doubts, and rejection of evidence acknowledged as having probative value is not allowed as exceeding the bounds of the principle of free evaluation of evidence. The reasonable doubt here refers to the reasonable doubt that is reasonable for the probability of a fact that cannot be compatible with the facts based on logical and empirical rules, rather than all questions and correspondences, and it cannot be said that the suspicion based on conceptual or abstract possibility is included in a rational doubt (see Supreme Court Decision 2010Do12728, Jan. 27, 201). Various circumstances recognized by this court, including the above evidence, including the victim’s statement, which is considerably specific and consistent with the evidence duly adopted and investigated, and the contents of this case’s exclusive toilet and disabled persons, etc.