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(영문) 대구지방법원 김천지원 2015.07.08 2015고단320

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On April 5, 2014, the Defendant, on April 5, 2014, taken one body of the victim against the victim’s will by using the Defendant’s LG options 2 mobile phone with a camera, where the victim E (here, 20 years of age) was under the influence of alcohol, who had been in a 308 Dozel in Kimcheon-si, Kimcheon-si, and was in a boomed by her body.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a camera, against his will.

2. On November 14, 2014, around November 23, 2014, the Defendant, at the G Public Security Center located in Cheongdo-gun F, sent the Defendant’s pictures to Kakaooooooox by capturing a photograph of the victim’s bridge photographed, such as Paragraph 1, at the G Public Security Center located in Cheongdo-gun F.

Accordingly, the defendant distributed a photographic recording of the victim's body that could cause a sense of sexual humiliation using a camera.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Each investigation report [the transmission photographs of the Defendant’s address and attachment of the contents of the Kakakao Stockholm conversation (from 16 to 20 pages of the investigation record)] and confirmation of digital evidence analysis data (from 72 to 93 pages of the investigation record];

1. The police seizure protocol [the defendant and his defense counsel's transmission of pictures to the victim's speech that he reported to the police about the crime stated in Paragraph (2) of the judgment, and thus do not constitute "distribution" under the premise that he transmits to many and unspecified persons. However, in light of the relationship between the defendant and H, the contents of conversations with him, etc., it is difficult to readily conclude that H's transmission of pictures to others is not possible. Thus, the above assertion by the defendant and his defense counsel cannot be accepted] is applicable to the law.

1. Criminal facts;