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(영문) 수원지방법원 2019.03.28 2018고단6426
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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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

1. On June 2, 2018, the Defendant: (a) around 23:50 on May 2, 2018, 2018: (b) around the victim B (at the age of 25), while disputing the victim B (at the age of 25) who was in a relationship with the victim, and (c) the victim’s face, traw, traw, etc. with his/her hand, and (d) the victim’s face, traw, etc., was string up to

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Camera, etc.”), took photographs of the victim, who laid his/her cell phone with a camera function at the same time and at the above place, laid his/her table, and kept his/her inner clothes from his/her client.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A or B photograph of the suspect A or B;

1. A certificate of injury diagnosis, certificate of issuance of a copy of medical records, certificate of outpatient treatment, and opinion;

1. Cases accompanied by a report of investigation (a case confirming the contents of the cell phone images taken by the suspect at the time), a visual recording room;

1. The defendant asserts that a video attachment (including CDs) taken by the suspect with a cell phone from the telecom [the defendant merely taken the victim to confirm how and how violent changes can be found at the time of the withdrawal of alcohol, and there was no sexual purpose, so it cannot be punished as a crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the crime of photographing Camera, etc.) and even if not, the illegality is excluded.

However, the Defendant, while under the influence of alcohol, taken the body of the victim who can be used in the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the victim.

The above-mentioned photographing act would suffice to cause a sense of sexual humiliation of the victim from an objective point of view.

The defendant intends to do so to the victim by covering the victim and under the influence of alcohol.

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