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The defendant shall be innocent.
Reasons
1. The Defendant was aware of the facts charged through “C”, a male and female meeting of the victim B (a name, a female, 36 years of age) and “C”, which is a male and female meeting of the Internet, and is a space between February 2017 and March 2018.
On 2017, the Defendant took photographs of the victim's balone who was divingd after her sexual intercourse with the victim at his/her residence in Seongbuk-si, Seongbuk-si, Sungnam-si on 2017, on two occasions, a mobile phone camera owned by the Defendant.
(hereinafter “each of the instant pictures”). As a result, the Defendant taken the body of the victim who may cause sexual humiliations or shames by using mobile phone cameras against his will.
2. Determination
A. In a criminal trial, the burden of proving the facts charged lies in the prosecutor, and the conviction should be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2006Do735 Decided April 27, 2006, etc.). B.
According to the evidence duly adopted and examined by this court, it is recognized that the defendant taken two copies of the victim's b body photographs, such as the facts charged, without the victim's explicit consent.
However, according to the records, the following circumstances are also acknowledged.
① When the Defendant photographs each of the instant pictures, the Defendant and the victim shared the pictures and videos taken by using the victim’s body or sexual intercourse with each other at the victim’s home. In addition, the Defendant and the victim shared the pictures and videos taken by using the victim’s body or sexual intercourse with each other.
According to the statements of the victim, the above photographing and sharing took place under the direction of the victim.
(2) The defendant around August 2017, when each of the pictures of this case was taken, around 2017.