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(영문) 서울동부지방법원 2016.09.01 2015노1616

성폭력범죄의처벌등에관한특례법위반

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the instant facts charged that the Defendant did not take photographs by November 13, 2014, although the Defendant appeared at the Seoul Gangseo-gu Police Station and taken his/her photograph around July 15, 2014, in which the personal information was registered at the Ministry of Justice from November 13, 2013, and one year has not passed since it was registered. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. We examine the Defendant’s assertion of mistake of facts regarding the Defendant’s assertion of mistake of facts. Ultimately, in this part of the judgment, the issue is whether the Defendant took photographs at the Seoul Gangseo-gu Police Station around July 15, 2014.

The lower court, based on the evidence duly admitted and examined by the lower court, rejected all of the following circumstances, namely, ① the Defendant, from November 17, 2014 to January 7, 2015, at least four times (3 times in total, 2014, December 8, 2014, and January 7, 2015, three times in total, and on November 27, 2014 from the Seoul Mine Police Station), and arrested the investigator in accordance with the investigator’s written request to the effect that the Defendant could not comply with the request for appearance on one occasion due to the completion of photographing. ② Rather, the Defendant did not have consistently received a request for appearance on one occasion at the time of receiving the request for appearance of the foregoing 4, but did not have concluded it, and the Defendant did not appear at the first five times in his/her appearance and statement to the effect that he/she did not have a photograph to the effect that he/she did not appear at the first five times in his/her appearance and statement to the effect that he/she made a witness’s statement.