logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.04.21 2016고단5404
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From November 2015, the Defendant is a person who works from the “Dental Care Center” located in Namyang-si as a social service personnel.

On August 21, 2016, around 13:30 on August 21, 2016, the Defendant: (a) reported that the Defendant entered the victim E (man, name, 17 years of age) in the above D Care Center Women’s toilet partitions, and followed, and immediately listed the next D Care Center off the front section, and took a video image of the shape of the above victim’s change using a portable phone camera.

In addition, the Defendant taken the body of the victims who could cause sexual humiliation and shames over four times in total, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to E;

1. Police seizure records;

1. Each evidence photograph and analysis report [the defendant's defense counsel, on August 21, 2016, asserts that the crime committed on August 21, 2016 was discontinued by himself, and thus constitutes an attempted crime.

However, the defendant, after taking a video image at the prosecutor's office, deleted it after receiving the victim's objection.

It is reasonable to view that the above crime has been committed.

Even if the defendant voluntarily ceased to be taken,

Even if the image data of the victim reaches the input state of the victim's image on the film or storage device contained in the camera or any other device with similar function, the crime is committed. However, even if the digital camera or video function appearing with the development of the recent technological name is not yet stored in the form of an electronic file by the user, etc., even if the exposed image is not yet stored in the form of an electronic file by the user, etc., the image data of the victim was immediately stored in the main storage device such as RAM in the device and then stored temporarily after the temporary storage order was issued.

arrow