성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. In light of the fact-finding 1 of the Defendant’s misunderstanding (not guilty part) committed defamation, such as assaulting and threatening the victim and transmitting a file recording the victim’s sexual intercourse to the club staff of the victim even after the victim was in de facto marital relationship with the victim C (a person under 41 years of age), the Defendant’s statement that the Defendant was merely a photograph containing the sexual intercourse of the victim’s sexual intercourse with the victim’s sexual intercourse (hereinafter “the instant photograph”) that the Defendant sent to the above club staff, the Defendant’s statement that the Defendant was merely a photograph containing the sexual intercourse of the victim’s sexual intercourse with the victim’s sexual intercourse.
On the other hand, in light of the overall physical form of a male and female photograph, the testimony of the victim who the male and female stated as the Defendant and the injured party is considerably specific, and the photograph of this case can be fully recognized that the Defendant and the injured party are sexual intercourses.
However, the lower court rendered a not-guilty verdict on this part of the facts charged. In so doing, the lower court erred by misapprehending the facts.
2) The lower court’s unfair sentencing (one year and two months of imprisonment, confiscation) is deemed to be too uncomfortable and unfair.
B. The lower court’s punishment is too unreasonable.
2. Determination
A. As to the prosecutor’s assertion of mistake of the facts, the lower court found the Defendant not guilty of this part of the facts charged on the ground that it is not sufficient to acknowledge the Defendant’s statement in the prosecutor’s statement against the victim on the fact that the instant pictures are face of sexual intercourse between the victim and the Defendant, and that there is no other evidence to acknowledge it
2) In a criminal trial, criminal facts should be acknowledged based on strict evidence of probative value, which leads a judge to have a conviction that the facts charged are true beyond a reasonable doubt, so that the prosecutor’s proof may lead to such conviction.