성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
All appeals are dismissed.
The grounds of appeal are examined (to the extent of supplement in case of supplemental statements and written opinions of the defendant who was not timely filed, to the extent of supplement in case of supplemental statements and written opinions).
1. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of having committed assault among the facts charged in the instant case, committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (excluding the portion of innocence), and committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a camera, etc.) due to display of photographs.
In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.
In addition, according to Article 383, Paragraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is declared, an appeal can be filed on the grounds of unfair sentencing.
Therefore, in this case where a more minor punishment is imposed on the defendant, the argument that an order to attend a lecture is too excessive is not a legitimate ground for appeal.
2. Regarding the prosecutor's grounds for appeal
A. As to the violation of Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes due to the provision of photographing materials, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) provides that “the act of photographing another person’s body, which may cause sexual humiliation or sense of shame by using a camera or any other device equipped with similar functions, or distributing, selling, providing, or openly displaying the taken materials against the latter’s will.”
The punishment of the act of distributing, selling, leasing, providing, or openly displaying photographs as well as taking photographs under Article 14 (1) of the Punishment of Sexual Violence Act is likely to cause sexual humiliation or humiliation.