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(영문) 인천지방법원 부천지원 2015.09.02 2015고단579
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 1, 2014, at around 15:00, the Defendant taken photographs of the body parts that may cause a sense of sexual shame by photographing the body parts, such as bucks and bucks of female victims, on the name of the victim who was seated by Cheongbucks, using the cell phone “G3” with Kamera function.

2. On September 7, 2014, at around 17:45, the Defendant taken photographs against his/her will the body of the victim who could cause a sense of sexual shame by putting his/her own name, i.e., a female victim’s bridge seat, etc., on a short Cheongba, using a digital camera “EOS 650D”, which was located in the middle-gu Seoul Central District, Jung-gu, Seoul, and 115.

Summary of Evidence

1. Partial statement of the defendant;

1. Videos of physical photographs, such as victimized women stored in the suspect's cell phone (at the right side of the evidence record on the 22 pages);

1. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the victim's clothes, degree of exposure, the photographer's intent (a number of photographs, other than the photograph taken by the victim's photograph, and the photographer's photograph taken by the digital camera at the time of arrest of the suspect) attached to the investigation report (Evidence 35 pages of evidence) (the defendant and his defense counsel asserted that the parts recorded by each of the above photographs do not constitute "the body of another person which may cause sexual humiliation or shame", and thus, it appears that each of the above photographs constituted "sexual humiliation or other person's body shame". In light of each of the above photographs, it appears that a number of photographs were taken by the victim's sexual purpose (a number of photographs, other than the photograph taken by the suspect, and each of the above pictures were taken by the photographer's photograph taken by the victim's body body).

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