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(영문) 인천지방법원 부천지원 2019.01.23 2018고단2393
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

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

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

Reasons

Punishment of the crime

On June 7, 2018, at around 14:45, the Defendant taken the body of another person, who could cause sexual humiliation or sense of shame, by taking a galthic image of a victim D (n, 30 years of age), who was in front of the Defendant, using a galthic function of A7 mobile phone camera, and taking a galthic galthic galthic galthic galthic galthic galthic galthic galthic galthic galthic galthic galthic galthic galthic galthics

The defendant asserts that the photograph of this case does not go against the victim's will.

However, the photograph of this case is sufficiently recognized against the victim's will in light of the circumstances where the victim did not allow the defendant to photograph his body and body, and the relationship between the defendant and the victim, etc.

Although the Defendant asserts that the pictures of this case do not have taken the body that may cause sexual humiliation or shame, the images taken by the Defendant are taken on the bridges, including the booms of the victim, so it is sufficiently recognized that they have taken the body that may cause a sense of shame.

The defendant and his defense counsel asserted that while the defendant cited a mobile phone as his hand at the date and time stated in the facts charged, the defendant only appears to have taken the body of the victim by using a cell phone or a cell phone malfunction, and that the defendant does not have taken the body of the victim intentionally.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the defendant intentionally taken the victim's body against his/her will as stated in its holding.

The defendant and defense counsel are without merit.

(1) The subway security guards E, in which the accused is arrested at the site, shall attend and take an oath at this court as a witness, and the accused at the time of taking an oath.

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