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(영문) 서울북부지방법원 2018.04.26 2017고단4874
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The sentence against the accused shall be 2,00,000 won.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

On August 26, 2017, at around 10:50 on August 26, 2017, the Defendant was in possession of his own sound to see the side of the victim D (the age of 48) from the male side of the toilet for public use in Seoul Central-gu C and the second floor to the partitions for women's use in the partitions, and to take the side of the victim's use in the partitions for women's use in the partitions.

LGV 520 cell phone partitionss below the cell phone, but the victim who discovered the cell phone did not commit the wind, but did not commit the attempted noise.

As a result, the Defendant attempted to take the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D’s legal statement (the victim D’s cell phone image, the cell phone image, the degree that the cell phone goes beyond the partitions, the situation before and after the commission of the crime, and the Defendant’s behavior immediately after the commission of the crime, etc. are relatively consistent and concrete.

Although the victim was partly unsatisfy about whether the mobile phone was taken out at the time, it appears that the situation seems that the victim was unable to closely see the mobile phone due to a very short time when he returned to the victim, and a harsh appraisal, etc. at the time. The mere unclear part of the degree is that the victim’s statement of the facts charged which was consistently continued by the investigative agency is not doubted enough to reject the victim’s statement itself.

According to the evidence of the court below, the defendant's cell phone is stored below the partitions in order to photograph as stated in the facts of crime.

Application of Statutes

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

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