성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, the court below found the Defendant guilty of this part of the facts charged on October 18, 2012, and there is an error of misunderstanding of facts, and the sentence of the court below (three years of suspended sentence per year) is too uneasy and unreasonable.
2. Judgment on the assertion of mistake of facts
A. At around 14:00 on October 18, 2012, the Defendant threatened the victim with the opening of the entrance door in the place of residence of the victim in the J apartment in Changwon-si, Changwon-si, Changwon-si, with the opening of the door as soon as possible, and with the sound recorded in the sex relationship without the door, by means of the apartment information broadcast.
B. The lower court rendered a not guilty verdict on this part of the facts charged on the ground that it is difficult to believe in light of the fact that the victim’s statement was reversed by the investigative agency and the victim’s attitude to make a statement in the court, etc., as evidence to acknowledge that the Defendant made a hives and intimidation to the victim.
C. On the consistent basis from the investigation agency to this court, the Defendant had consistently found the victim’s house at the above date and divided the first race, but there was no human body, the Defendant attached a camera to the entrance door of the apartment site to inform that he visited him, and later stated that he was able to contact with the victim and denied intimidation.
On October 6, 2012, the Defendant sought a victim on October 18, 2012 to recover the relationship with the victim, and the Defendant first found the victim in order to recover the relationship with the victim. In order to recover the relationship with the victim, the Defendant did not neglect the victim.