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(영문) 대구지방법원 2018.04.27 2017노4511
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. The accused of reasons for appeal shall not have taken the body of the victim against his will;

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by mistake of facts.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the fact that the Defendant taken the victim’s body, who could cause sexual humiliation or shame by using his cell phone camera, is sufficiently recognized against the victim’s will.

Therefore, the defendant's assertion is without merit.

① The victim, after the police investigation, has made a very detailed and consistent statement about the background of suffering from the damage to the crime in the judgment of the court below from the crime, the circumstances before and after the crime, and his perception.

② Until the instant case occurred, the victim and the Defendant were related to giving and receiving only the text messages among each other. On the first day of the instant case, only the said messages were sent and received.

Therefore, there is no special reason or reason to suspect the credibility of the victim's statement even when the victim assumes the punishment for perjury, and there is no special reason to suspect the credibility of the victim's statement.

(3) The victim knew that the crime was committed by the defendant and reported to the police immediately after the crime was committed, and the police officer called out the victim in English.

"......................"

This seems to be based on the premise that the defendant photographs the victim's body in recent years.

4. The photograph of the victim's body was not verified as a result of digital evidence analysis on the Defendant's cell phone.

However, this seems to be due to the fact that the defendant's report was made arbitrarily in order to destroy evidence before being investigated by the police team.

On this issue, the defendant carries it at the time.

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