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(영문) 서울서부지방법원 2016.05.13 2015고단1603
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

At around 00:30 on August 23, 2013, the Defendant taken the body body of the victim, who was in possession of a felel in Seocho-gu Seoul Metropolitan Government G(n, 23 years old) under the influence of alcohol (n, felb, 23 years old), against the victim's will.

Summary of Evidence

The facts of the judgment

1. Statement to the effect that the defendant has taken photographs of the victim's body at the time, time, and place in this court;

1. The recording of a statement made by a witness G in the second public trial protocol (the file number 1512614052) suitable for the witness G;

1. Any statement made in compliance with the statement protocol prepared by the assistant judicial police officer with respect to G;

1. The images fit for such photographs;

1. Among the audio recording files for dialogue, there is evidence that it can be recognized by comprehensively taking into account the voice fit for it.

[Reasons to acknowledge the credibility of the victim's statement] In determining the credibility of the victim's statement in support of the facts charged, the court shall not without permission dismiss the victim's statement, unless there are any other reliable materials that can objectively be objectively deemed objectively and objectively deemed objectively, and objectively, and thus, are objectively deemed to be not reliable (see, e.g., Supreme Court Decision 201Do2631, Jun. 28, 2012). The defendant and the defense counsel asserted that the victim's statement was not reliable, based on the grounds that there were no credibility of the witness's statement and the victim's investigation agency's testimony in the open court, including the appearance and attitude of the witness who are being made a statement in the witness's presence after being sworn, and the witness's statement in the witness examination protocol, such as a pen of the victim's statement, and the victim's statement in the open court.

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