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(영문) 광주지방법원 2016.10.14 2016고단1978
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The defendant was a person living in Gwangju Northern-gu C Apartment 102 Dong 1101, and was interested in the victim D (the age of 19) living in the same Dong as Pyeongtaek-dong apartment.

On December 7, 2015, the defendant reported that he returned home on December 7, 2015, the defendant was able to see that he was able to shot water without being able to receive only the clothes and panty panty ties between the heated windows.

Accordingly, the defendant took the body of the victim by raising a Handphone between the windows of a chromatic room and operating a video function.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Statement made by the police on the victim;

1. In light of the following circumstances acknowledged by each internal investigation report and each investigation report’s evidence, the facts charged in the instant case can be fully acknowledged.

① The credibility of the victim’s statement is high as there is no reason to deem that the victim’s statement concerning the situation before and after the crime was committed is highly specific and false.

② As a hallway-type apartment, the victim’s house is a hallway-type apartment, wherein the toilet window faces a corridor, there is a change below the toilet window, and there is a change in the right side of the toilet immediately before the change. The victim was in a situation in which the victim can see the handphone immediately if there is a high dog in the three sides at the time of damage.

(3) The injured party is an employee of the Handphone store, who is familiar with the Handphone type. The injured party is the victim's "trigal lusium LTE test" that the Hand type was found at the time of the injured party.

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