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(영문) 광주지방법원 2017.07.14 2017고단1505
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 2016, the Defendant, at the home of the victim C (Inn, 25 years of age) located in the studio located in Gwangju-dong-gu, Gwangju-gu, reported the wall of the victim having sexual intercourse with the female-friendly victim, and recorded the victim’s sound records, even though the victim was sealed with his own smartphone camera and refused to do so, as a part of the victim’s distribution.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. To make a statement to the accused in part of the protocol of interrogation of the suspect (including the cross-examination) to the prosecution;

1. Partial statement of a protocol concerning the examination of suspect of the police against the defendant;

1. The statement in the police statement protocol against C / The victim did not agree to the defendant to take the sex-related image

In investigation agencies and courts, clear and consistent statements were made.

피고인이 침대 위에 무릎을 꿇고 엎드린 피해자의 뒤에 서서 성교를 하던 중 갑자기 피해자의 성기 아래쪽으로 핸드폰을 들이대자, “ 뭐야, 하지 마” 라며 보인 반응에 관한 피해자의 진술이 매우 구체적이며, 피해자의 법정에서의 자연스럽고 꾸밈없는 진술태도를 볼 때 피해자의 진술에 충분히 믿음이 간다.

After the victim's sex relationship is completed, there are some contradictions in the victim's statement, such as whether the victim is the list of video images or whether the reproduction screen is recognizable. However, the above circumstance is not directly related to whether the victim consented to the filming, and if the victim's position that was in mind of marriage with the defendant is in mind of marriage with the defendant, it is nothing more than a result of natural satching based on the limit of memory, as there is no incentive to remain in memory.

The defendant.

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