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The defendant shall be innocent.
Reasons
On July 24, 2015, the Defendant, at the entrance of the Seogu-gu, Daegu-gu, 06:35, 06: (a) discovered the victim F (n, 19 years of age) and performed the Defendant’s smartphone image function; (b) tried to store smartphones below the victim’s body and photograph the victim’s body organs, but did not go to an attempted attempt, even if he was aware of the wind.
Accordingly, the defendant tried to take, but attempted to take, the body of the victim who could cause sexual humiliation or shame by using smartphones with a camera function against his will.
The defendant and his defense counsel asserted that the defendant and his defense counsel did not have any intention to photograph the victim on the date and place stated in the facts charged, and they did not have any intention to photograph the victim on the cell phone. The defendant and his defense counsel claimed that there was no fact that they carried out the photographing function of the cell phone or put the cell phone under the body of the victim.
Judgment
The conviction in a criminal trial ought to be based on evidence with probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. As such, in a case where the prosecutor’s proof does not sufficiently reach the level of conviction, the determination ought to be made on the part of the defendant, even if there are suspicions of guilt (see Supreme Court Decision 2011Do15767, Feb. 13, 2014, etc.). Meanwhile, in order to punish “the crime of taking photographs, such as camera, etc.,” under Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the commencement of the commission of the crime should be recognized, and there is a commencement of the commission of the crime.
In order to enter video information into a device, such as where the subject of filming is specified and focusing on the body through the sirens of mechanical devices such as carmer, etc., it is specific to enter video information into the device.