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(영문) 수원지방법원 평택지원 2018.08.22 2017고정569
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 10, 2017, at around 20:30, the Defendant: (a) confirmed the victim D (21) and the victim E (n, 22 years of age) off from the window outside of the guest room of Pyeongtaek-si Bel C, and attempted to take a photograph by using a camera outside the Defendant’s portable phone, but failed to conduct a camera operation.

Summary of Evidence

1. Statement in D and E among the three-time public trial records;

1. A report on internal investigation:

1. On-site photographs (the defendant and his defense counsel attempted to photograph the guest rooms of this case using a camera installed on a mobile phone by the defendant, but the mobile phone operation was turbly turfed and the victim discontinued the actions to take pictures with the wind that the defendant recognizes the existence of the defendant due to the shooting, and thus did not reach the commencement of the crime of taking pictures such as a camera, etc.

The evidence duly adopted and examined by this Court reveals that the subject of the photographing was sufficiently specified in full view of the following circumstances.

In addition, there was a commencement of the criminal act in which the defendant could input video information about the victim's body into the Kamera by using the mobile phone camera without any specific addition that focuses on the separate focus.

Since it is reasonable to view that the defendant and his defense counsel are not acceptable.

① At each time the victims got into the instant telecom, the Defendant was aware that the victims had sexual intercourse in the instant guest room, and the victims had been witnessed directly through the windows opened in the instant guest room.

② On the day of the instant case, the Defendant observed the scene where the victims have sexual intercourse through the windows of the guest room in this case.

③ The victims shall take a cell phone image image near the windows of the guest room on the day of the instant case.

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