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(영문) 대구지방법원 김천지원 2016.05.04 2015고단1550
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 29, 2015, between 13:29 and 13:31 on the same day, the Defendant taken pictures against the Defendant’s will on a bridge that could cause sexual humiliation or sexual humiliation of the victim E, using the Defendant’s portable phone with a camera function, and caused a short period of four times in the out of the window, using the victim’s cell phone with a shorter source of Kameras, from the Gu-U.S.-U.S.-U. 4 car that is moving from the Gu-U.S. north-gu 2-A to the large area of 2-A-U.S. 13:31 on the same day.

Summary of Evidence

1. Each police statement made with respect to E, D, and F;

1. Police seizure records;

1. A report on investigation (comprehensive visit);

1. The Defendant and his defense counsel asserted the instant facts charged, which did not intentionally photograph the victims’ legs while practicing a portable telephone photographing method.

However, the circumstances that can be recognized by the above evidence, i.e., the focus on the victim's bridge and the close-down taken, and the defendant practice the photographing act as a portable phone.

However, in full view of the fact that there was no photographs and other pictures taken by the victims, the defendant could be recognized that the victim's body was close to the victim's bridge, as described in the facts charged, and in full view of the victim's body, such as the victim's clothes, the degree of exposure, the victim's body and the degree of exposure, the centering on the victim's body and the photographing distance, etc., the victim's body was perceived and expressed by the victim that may cause sexual humiliation or shame.

The decision is judged.

Therefore, since the facts charged in this case are recognized, we cannot accept the above argument of the defendant and his defense counsel.

Application of Statutes

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes and the selection of fines (the same as the defendant).

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