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(영문) 수원지방법원 평택지원 2018.01.18 2017고단1579

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant and the victim C(n, 19 years of age) are between the two sides.

On January 2016, the Defendant took a photograph of the victim by using a camera, which is located in a mobile phone owned by the Defendant, on the top of the short half of the victim's bridge, where he was seated with the victim, at the Eca specialty store located in Pyeongtaek-si D on the same day.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the prosecution against C;

1. A protocol concerning the interrogation of suspect C by the police;

1. Screening pictures, pictures, photographs, and to take af course by cutting down the contents of a letter;

1. Judgment on the main issue of the accusation

1. The witness C’s statement on the judgment of evidence and the facts admitted are consistent, and the credibility is high in light of the content and attitude of the statement in this Court.

Witness

C It seems that there is no possibility that he might be mistaken for another person's body photograph which is not his own body.

Witness

In accordance with evidence submitted by the prosecutor, such as C’s statement, the fact that the witness found C’s body photographs such as the Defendant’s cell phone description as stated in the facts charged, and the fact that the Defendant taken the above pictures in C at the time and place indicated in the facts charged.

2. Article 14-2(1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof, which punishs acts of photographing another person's body, which may cause sexual humiliation or shame against the latter's will, using a camera or other similar devices and devices, which may cause sexual humiliation or sense of shame, is to protect the victim's sexual freedom and right not to be taken without permission. Thus, the body taken is to protect the victim's sexual freedom and freedom not to be taken.