강간등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault against the defendant for 80 hours.
1. Summary of grounds for appeal;
A. The punishment of the defendant (unfair punishment) sentenced by the court below against the defendant is too unreasonable.
B. In full view of the following facts: (a) the Defendant had already installed a homeCCTV camera in a living room and did not notify the victim of the fact that the Defendant could have recorded a sexual intercourse in the living room; (b) the Defendant, by using the homeCCTV camera to threaten the victim and to rape; and (c) the Defendant, when having sexual intercourse between the victim and the inside and outside of the living room, was installed in the vehicle separate from the inside and outside of the living room to photograph the sexual intercourse with the victim; (d) the Defendant led the sexual intercourse in the living room for the purpose of photographing the sexual intercourse with the victim by using the homeCCTV camera TV camera camera installed in the living room; and (e) even if not, the Defendant appears to have been aware of the fact that the sexual intercourse was made in the living room, at least by the Defendant would have been made a sexual relationship from the living room without notifying the victim thereof; and (e) the Defendant should be found guilty of the charge concerning the use of the camera, etc. from around December 18, 2017.
Nevertheless, the judgment of the court below which judged otherwise and acquitted the above facts charged is erroneous in misconception of facts.
2. Judgment on the prosecutor's assertion of mistake of facts
A. From December 2017 to January 2018, the Defendant taken pictures of the form of sexual intercourse with the victim using the HomeCCTV camera set up at the dwelling space of the third floor of the building C in Ulsan-gun, Ulsan-si, the third floor of the building C in Ulsan-si, a day-to-day radius.
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 the victim's will.
Defendant.