(영문) 인천지방법원 2020.12.11 2020고단4942

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(영문) 인천지방법원 2020.12.11 2020고단4942

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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A defendant shall be punished by imprisonment for not less than eight 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

On January 12, 2020, at around 17:43, the Defendant: (a) attached the victim D (Gain, Gain, 25 years old) functioned as a camera of the mobile phone devices owned by the Defendant; (b) tried to gather the Kamere of the aforementioned mobile phone devices into the part of the injured; (c) tried to take the tamere of the injured party under the right edge of the victim; and (d) failed to come up with the wind that is discovered by the injured party.

As a result, the Defendant tried to take photographs of another person's body, which may cause sexual humiliation or shame, against his will, using the camera function of mobile phone devices, but did not bring about such intent.

Summary of Evidence

1. The written statement of the police concerning D's legal statement of the witness D;

1. A written statement of D;

1. The Defendant and the defense counsel asserted that there was no fact that the Defendant intended to photograph the victim as stated in the facts constituting a crime, as in the judgment of the lower court, as to the investigation report on the 112 Reporting Case 112 Report on the CCTV-cap photograph (C3-gu wall spacks).

The following circumstances, which can be acknowledged by the evidence duly adopted and investigated by this court, i.e., (i) the victim consistently stated from the investigative agency to this court about the material facts of the crime and the situation before and after this court; (ii) the location of the defendant and the victim at the time when the victim made a statement about the content of damage; (iii) the location of the victim; (iv) the location of the defendant and the victim at the time when the victim became aware of the crime; (v) the defendant's act after the discovery of the crime; and (v) the process of the victim's behavior after the occurrence of the crime; and (v) the victim's statement to the extent that it is difficult for the victim to take care of

유사 판례

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