(영문) 대구지방법원 서부지원 2019.07.09 2018고단164

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 서부지원 2019.07.09 2018고단164

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. Summary of the facts charged

A. On September 5, 2017, at around 16:10 on September 5, 2017, the Defendant, entering the building, entered the female toilet located in the first floor of the Kim Yong-si, and entered the said female toilet in mind to photograph the women who reported melting sides at that location.

Accordingly, the defendant, who could not know the victim's name, entered a female toilet managed by the building manager.

B. The defendant violates the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.)

At the time, place, the victim C (at 33 years old), which was reported from the side partitions of the port, was discovered and tried to photograph the body of the victim with LGV 20 mobile phone camera owned by the defendant, but was discovered by the victim.

Accordingly, the defendant tried to take the body of the victim who could cause sexual humiliation or shame against his will and attempted to take the victim's body against his will.

2. Determination

A. While the Defendant and his defense counsel acknowledged the fact that the Defendant entered the instant female toilet and laid off a mobile phone away from the side partitions, the Defendant raised a dispute over the fact that the Defendant got into the instant female toilet and entered the female toilet, and the Defendant tried to put the mobile phone in the bar while he was sitting up, put the mobile phone in the bar, cut off the cell phone off by side partitions from the floor of the bar room, and did not have taken the victim’s photograph with the intent to satisfy the sexual desire.

B. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to 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 such evidence.

Even if the interests of the defendant are judged, the interests of the defendant.

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