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(영문) 부산지방법원 2017.12.11 2017고단3854
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On June 28, 2017, at around 23:31, the Defendant taken twice the part of the body of the victim D (the 50-year-old age), a female living together with him, who was divingd in the bed while living together with his cell phone camera function, using a cell phone camera function in Busan Dong-gu, Busan, the Defendant taken twice the part of the victim’s sound, and continuously taken the victim’s body against his will, by photographing about about 58 seconds, which could cause sexual humiliation or sense of shame.

2. On June 29, 2017, at the location described in paragraph (1) around 01:43, the Defendant taken photographs of the victim’s body that might cause sexual humiliation or sense of shame by taking a part of the sound part of the victim D (n, 50 years of age) being divingd in the bed, one time, using the cell phone camera function at the location described in paragraph (1) of this Article, against the victim’s will.

3. On July 1, 2017, at around 11:46, the Defendant taken four-time the body body of the victim D (V, 50 years old) who was locked in a brupted state by using the camera function of the cell phone at the location described in paragraph (1) at around 1, 2017, and taken four times the body of the victim who could cause sexual humiliation or sense of shame against his will.

Summary of Evidence

1. Partial statement of the witness D;

1. Each legal statement of witness E and F;

1. Part eight copies of the victim's body photograph (the defendant and his defense counsel) (with respect to one unit of LGG G6 mobile phone from which the defendant voluntarily submitted and seized, the seizure procedure is unlawful, such as submission of the above seized articles without any voluntariness, waiver of ownership, seizure protocol and list, and the victim's body photograph is admissible as evidence created by the illegal seizure procedure as above.

However, according to the above evidence, Gman’s statement to the effect that “the Defendant’s body is affixed to the victim,” in the course of investigating by face-to-face with the victim on July 2, 2017, Gman’s new wall H District Inquiry on July 2, 2017, can be viewed as a mobile phone by the Defendant who was on the side and was on the side of the victim.

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