logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2016.02.18 2015고단1160
성폭력범죄의처벌및피해자보호등에관한법률위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 27, 2015, at around 17:00, the Defendant taken 35 photographs of physical parts, which cause sexual humiliation, such as the victim F (23 tax, n, 22 tax, n, n, n) the victim G (22 tax, n, n, n), the victim H (21 tax, n, n, n, n, nbbs, etc.)’s chest, nbbs, etc., in front of the “E”, which is located in Gangnam-si D, against the Defendant’s will, such as the victim F (23 tax, n, n, n, n), the victim H (22 tax, n, 21 tax, n, nbbbbbs

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F, G, and H;

1. Seizure records;

1. The defense counsel in the determination of the defense counsel's assertion of the investigation report (Attachment of photographs taken by the victims) contains the victims' daily appearance without emphasizing a specific body part at an open place, and thus, it does not constitute the case of photographing "the body of another person which may cause sexual humiliation or shame."

The argument is asserted.

According to the evidence, the body of the victims taken by the defendant is the body of the victims suffering knife, and clearly revealed the exposed chest, traw, buckbucks, etc., and objectively, the general society of gender and age, such as the victim, may cause an average person's sexual humiliation or shame.

It is reasonable to view that the victims were exposed to such pictures, thereby causing a sense of sexual humiliation (the victims also made a statement at an investigative agency.) In addition, the protection of legal interests under Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is “the victim’s freedom of sexual freedom and freedom not to be taken without permission,” and there was considerable hump from exposure to the public place.

The defendant's act may not be deemed permitted.

The defense counsel's assertion is without merit.

Application of Statutes

1. The relevant provisions of the Act and the punishment, etc. of sexual crimes selected in relation to the crimes;

arrow