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(영문) 춘천지방법원 강릉지원 2015.02.10 2014노567

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and four months of imprisonment) is too unreasonable.

B. The judgment of the court below which acquitted the defendant on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) although it is possible to recognize the fact that the defendant taken the sexual intercourse scene without the victim's consent in light of the statement

(2) The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. (1) The summary of this part of the facts charged is that the Defendant had sexual intercourse with the victim D (the age of 15) who became aware of through the “dul-phone-type mail box” (the “dul-type 15”) and caused the Defendant to take the body of the female in a camera.

From the end of September 2013 to October 10, 2013, the Defendant installed digital cameras prepared in advance at the home of the Defendant J 201, which had taken pictures of sexual intercourses with the victim who could cause sexual humiliation or shame, against the victim’s will.

(2) As to the facts charged in this part of the judgment, the court below held that the defendant took the above screen pictures against the victim's will, in light of the following: (a) the defendant was subject to a non-suspected disposition as to coercion or rape; (b) the victim sent to the defendant around July 24, 2013, in light of the Kakakao Kakao text that sent the defendant around July 24, 2013, it appears that the victim had consented to the marking of any screen pictures; and (b) the defendant sent the e-mail that the defendant did not comply with the victim's promise and concealed the screen pictures on March 21, 2014.