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(영문) 서울동부지방법원 2019.10.17 2018고단4035
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant shall be innocent.

Reasons

1. Around 15:00 on April 12, 2018, the summary of the facts charged was taken by the Defendant’s “Csports center” operated by the Defendant in Gangdong-gu Seoul, Gangdong-gu, Seoul, by using the gallon function of a A8 mobile phone camera, to escape telegraph and balk the Defendant’s gallebbbbbs inside the victim D (one name, half, 31 years old) where the Defendant was faced with a balbbbs.

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

2. The Defendant and his defense counsel asserted that the Defendant was the victim at the time of the instant case, and the Defendant confirmed the Kakakao Stockholm message with a cell phone at the time of the instant case, and divided the cellphone, and the body of the victim was not taken as soon as the motion picture was finished, and the Defendant did not have any intention to photograph.

3. Determination

A. Criminal facts in a criminal trial should be established based on strict evidence with probative value, which leads a judge to have a reasonable doubt, and thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). B.

In other words, the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the victim took a dynamic image in the investigative agency and this court where the Defendant was faced with her her mbbbbbbbbs in the lower her face, and then the Defendant, who had her handbbbbbs inside the victim’s bucks, was able to look at the victim’s her hand, and then set the cell phone on hand her 10 seconds thereafter.

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