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(영문) 대법원 2017.2.15. 선고 2016도19187 판결

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)[예비적죄명:성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수]

Cases

2016Do19187 Violation of the Special Act on the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.)

(Recording)

[Preliminary Crime Name: Special Act on the Punishment, etc. of Sexual Crimes

Attempted Violation (Attempted Use and Screening of Cameras, etc.)

Defendant

A

Appellant

Prosecutor

Defense Counsel

Law Firm (LLC) AE

Attorney AF, AG, AI, AJ

The judgment below

Suwon District Court Decision 2015No7723 Decided November 3, 2016

Imposition of Judgment

February 15, 2017

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court acquitted the Defendant on the ground that there was no proof of the crime in all of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which is the primary charge of the instant case, and the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which is the ancillary charge added at the lower court.

Examining the reasoning of the lower judgment in light of the record, the lower court’s aforementioned determination is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Judges

Justices Park Jae-young

Justices Park Young-young

Chief Justice Kim Jong-il

Justices Kim Jae-in

심급 사건
-수원지방법원안산지원 2015.12.9.선고 2015고단2420