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(영문) 서울중앙지방법원 2013.05.29 2012고단6555
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수
Text

The defendant shall be innocent.

Reasons

1. On July 19, 2012, the Defendant sought to photograph the body of the victim against his/her will using a camera of cell phones (Tsung SCH-W750) from the main toilet of the Victim F (F) located in Jung-gu Seoul, Jung-gu, Seoul, with his/her own clothes off and shower, around 21:20 on July 19, 2012, the Defendant attempted to take the body of the victim out of the toilet. However, the Defendant failed to take the body of the victim out of the toilet and attempted to take the body against his/her will.

2. Determination

A. The Defendant consistently denies the instant crime from an investigative agency.

B. The victim was showing shower at his own house (Korean-style) toilets. However, the victim discovered that she photographs by using test-type Handphones in the toilet windows, and found that she had "sium, horse, Handphones" and several times. The father of the victim was found to have worked outside the house immediately, and his father was coming up near the victim's house. When the victim reported Handphones, the father of the victim was said to have displayed Handphones to the defendant. However, the victim's father was refused. The defendant's Handphone was a type Handphone, not a new Handphone, and the defendant's Handphone was a type Handphone, not a test-type cell, and the defendant's Handphone was a mobile phone. In light of the fact that there was no other person other than the defendant, the defendant was also aware of other persons, and that the victim's body was found to have worked outside the victim's body, the defendant's breath of the fiber and the defendant's breath of the victim's body.

C. However, each evidence duly adopted and examined by this Court.

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