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(영문) 부산지방법원 동부지원 2014.07.25 2014고합54
아동ㆍ청소년의성보호에관한법률위반(준강간등)등
Text

Defendants shall be punished by each fine of KRW 2,000,000.

The Defendants did not pay the above fine.

Reasons

Criminal facts

Defendants are friendship-gu and Defendant A and Victim F (M, 17 years old at that time) are middle school Dongs.

On March 1, 2013, at around 05:30, the Defendants taken pictures of the victim’s body against his/her will that could cause sexual humiliation or shame by taking pictures of the victim’s dead body photographs from the Hmoto’s unsound room located in Busan Shipping Daegu G with the mobile phone camera function.

Summary of Evidence

1. Defendants’ respective legal statements

1. The witness Gap's statement (the defendant and his defense counsel asserted that each photographing act cannot be deemed unlawful because they were immediately deleted after making the victim take a photo for the purpose of getting the victim off his clothes. The defendant and his defense counsel asserted that each photographing act cannot be deemed unlawful, or there was no criminal intent. The defendant's each statement (including the contents of the statement as a witness) in the investigation agency and the court. ① it is evident that the contents of the photograph may cause objective sexual humiliation, such as photographing the victim's portrait photographs at the time. ② Even though the defendant's photograph was held in order to prevent the victim from getting off his clothes, the defendant's main purpose was to achieve the above principal purpose by using the method of causing the victim's sexual humiliation or shame. ③ Even if the defendants deleted the photograph after the time of taking it after the time, the defendant's defense counsel cannot be accepted in light of this part of the facts charged, and thus, the defendant's defense counsel cannot be found to have any effect on the establishment of the crime.

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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