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(영문) 대전지방법원 천안지원 2017.04.21 2016고단2278
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is the victim C (a person, a person, 23 years of age) and a person who has difficulty in doing so.

On August 13, 2016, at around 16:00, the Defendant taken photographs of the victim’s chests, fluor, etc. using the cell camera of the Defendant’s mobile phone using the gap in which the victim was locked in the state of her body.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

2. In full view of the following circumstances, the evidence submitted by the prosecutor alone is insufficient to acknowledge the instant facts charged, and there is no other evidence to prove otherwise.

① At the investigative agency and court, the victim made a statement that he was aware of the Defendant’s cell phone after the locking of the victim around the time of the instant case, and that there was a photograph taken of his part on the part of the victim’s chest and Kameras. However, even according to the victim’s statement, there was no content that the victim made a photograph taken of the victim’s chest, and that the victim did not discover that the photograph taken of the victim’s cellphone, etc. was stored in the victim’s cellphone, etc. confirmed at the time. In the instant case where the photograph taken was not submitted as evidence, it is insufficient to recognize that the Defendant’s statement alone was actually taken of the victim’s chest by using the camera.

② Even based on the E dialogue between the Defendant and the victim after the instant case, the Defendant recognized that the victim’s ear and hair were taken in relation to the victim’s investigation into the body part, and it does not include any content that is recognized as having taken the victim’s chest and the part that was recorded. As such, this part of the facts charged is insufficient to recognize.

(3) A victim who has taken photographs of the defendant.

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