(영문) 대전지방법원서산지원 2020.10.26 2019고정336

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(영문) 대전지방법원서산지원 2020.10.26 2019고정336

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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Defendant shall be punished by a fine of four million won.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

On September 23, 2017, at around 00, the Defendant: (a) taken the victim C (the 57-year-old age), who was faced with a camera function in the Yeonsu-gu Incheon Metropolitan City Bel, with a cell phone owned by the Defendant, shot the eye of the body of the body of the victim; (b) taken the victim’s back, taken the body of the victim’s back, and taken the back string of the body of the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement prepared by the police for C;

1. C's report on damage;

1. Evidential materials;

1. In the investigation report (as to the seizure of cellphones), the defendant and his defense counsel asserted that the pictures of this case were not taken against his will because they were made with the consent of the victim. However, the victim made a statement at the police from the time of the initial report of damage and made a statement that he was unable to know the fact of the pictures of this case commonly in this court. ② Even in the case of photographs, the victim took the back of the victim who was either satisf or was satched with the victim’s satisfatt with his eye, and it is difficult for the victim to understand that he consented to the taking. ③ Meanwhile, the fact that the defendant submitted a written confirmation (as to the evidence No. 1 submitted by the defendant, it is written that the victim confirmed that he was aware of the fact that the cellphone was taken with his consent, and that he was aware of the fact that he

However, the above confirmation document was prepared on December 20, 2019, after the defendant requested the formal trial of this case, and the victim testified that it was merely a transfer of the phrase that the defendant prepared in advance at the request of the defendant.

As such, it is difficult to believe the contents indicated in the process of preparation of the above fact-finding report. The victim’s photograph of this case is the victim.

유사 판례

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-서울중앙지방법원 2015.06.26 2015고단2476

-서울중앙지방법원 2018.10.08 2017고정3307