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(영문) 청주지방법원 2019.02.20 2018고단3087
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 July 31, 2018, at around 00:03, the Defendant, on the road located in Seowon-gu, Seowon-si, Cheongju-si B, and on the front road of the community service center, entered a short half of the period using S8 in his Samsung Tju-si, and taken four back habitss of the victims following the victim D (n, name), E (n, name).

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame using a mobile phone camera against his will.

[Defendant and defense counsel argued to the effect that the pictures of this case taken by Defendant do not appear to have been taken by emphasizing a certain body part which may cause sexual humiliation, and thus, they cannot be found guilty. However, the Defendant suffered the place where the pictures were taken by Defendant, i.e., the range of photographing, the distance of photographing, the victim’s clothes, and the degree of exposure (in particular, the victim E suffered a little radius from the

In light of the intent of the defendant's photographing and the circumstances leading up to shooting, each of the pictures of this case taken by the defendant constitutes photographs taken against his will because the physical part of the victim's body falls under the body that may cause sexual humiliation or shame from the perspective of ordinary and average people, and thus, the defendant could have known that the above pictures had taken the physical part of the victim's body that could cause sexual humiliation or shame. Thus, the above assertion is without merit)

1. Partial statement of the defendant;

1. Each police statement of the victims;

1. Application of Acts and subordinate statutes on a report on analysis of digital evidence;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Order to complete programs under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The nature of the offense is bad.

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