(영문) 서울동부지방법원 2020.12.18 2020노798

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(영문) 서울동부지방법원 2020.12.18 2020노798

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the fact that the defendant taken the body of the victim who may cause sexual humiliation or sense of shame is sufficiently recognized.

In particular, the case where the defendant is considered to expand only a specific body part after photographing the victim's telegraph shall be deemed to be substantially identical to the case where the victim's body part is enlarged from the beginning to the case where the victim's body part is taken.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. Determination

A. On September 10, 2019, the Defendant, at around 16:18, 2019, taken a photograph of the part of the victim’s lower part of the lower part of the body in the cell phone using a camera installed on the cell phone, showing the victim’s back to the entrance of the third living room at C University No. 2 located in Gangseo-si B, Gangwon-si.

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

B. The lower court determined that the Defendant was not proven to have taken pictures of the victim’s body, which could cause sexual humiliation or shame, on the grounds stated in its reasoning.

Considering the evidence duly adopted and examined by the court below in light of the data submitted in the trial proceedings of this case, it is difficult to view that the photographs taken by the defendant to the extent that they could cause sexual humiliation or shame from the perspective of ordinary people, as decided by the court below, have reached the level that they could cause sexual humiliation or shame from the perspective of ordinary people. Although the photograph files, etc. stored in the defendant's cell phone were restored, there was no discovery that the defendant expanded and dited the specific body parts of the victim, so it is difficult to view that the facts charged

Therefore, the facts charged in this case are examined.

유사 판례

-대구지방법원 2020.09.15 2020고단1107

-서울중앙지방법원 2014.04.25 2014고단1466

-수원지방법원 2019.07.11 2019고정794

-수원지방법원 평택지원 2018.01.18 2017고단1579

-서울남부지방법원 2016.05.18 2015고단4275