(영문) 서울중앙지방법원 2014.12.17 2014고단7165

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(영문) 서울중앙지방법원 2014.12.17 2014고단7165

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a miscellaneous importer company.

1. On August 26, 2014, around 18:17, the Defendant taken a half body image of the damaged female who was unable to know the name of the satis and as soon as possible, in the yellow ground with the Defendant’s personal phone inside the subway Gangnam Station of subway, the Defendant taken a half body image of the damaged female.

2. At around 18:41 on the same day, the Defendant taken a visual image of a woman whose name was a white finite in the test pattern on the Defendant’s cell phone at the same place, where it is difficult to find out the name of the Defendant who was a white finite.

3. At around 18:42 on the same day, the Defendant, at the same place as the Defendant’s mobile phone, taken a lux picture of three female images, in which the name of the female and the female, etc., who suffered a luxus in the luxin pattern, cannot be known.

4. At around 18:49 on the same day, the Defendant, at the same place as the Defendant’s mobile phone, taken a dynamic image of a woman whose name was finite infinite on the basis of examination of the Defendant’s mobile phone, but whose name is unknown.

Accordingly, the defendant taken four times against his will another person's body, which could cause sexual humiliation or shame by using a camera or other devices with similar functions.

Summary of Evidence

1. Partial statement of the defendant;

1. The police seizure record and the list of seizure;

1. Investigation report (Analysis of seized Articles);

1. As to 11 copies of a photograph of the seized object analysis, the Defendant denied the crime, on the ground that the Defendant took photographs to grasp the clothes and the fashion tendency of the players displayed at the time of the river bed, and that the Defendant did not have taken the body of women who may cause sexual humiliation or sense of shame.

According to the above evidence, the following facts are acknowledged in light of the results of reproduction of 8 video files, which were stored in the cell phone seized on the third trial date, and the defendant taken 8 video files with the date recorded in the facts of crime.

(1) The defendant get off most of his arms at that time.

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