성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles, ① did not have intention to commit the crime, and was taken for medical purposes. ② The failure to obtain a seizure warrant on the evidence voluntarily submitted after the arrest of the Defendant in the act of committing an act of committing an act of committing an act of crime is unlawful. ③ The taking part, such as the victim’s state organ, focusing on the victim’s state organ, does not fall under the body part of another person, which may cause sexual humiliation or sense of shame. ② The lower court’s punishment of unfair sentencing (six months of imprisonment and two years of suspended execution, etc.) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. 1) Determination of mistake of facts and misapprehension of legal principles as to the defendant's assertion 1) ① The defendant also asserted the same as the summary of the grounds for appeal as above, and the court below rejected the defendant's assertion on the grounds of its stated reasoning, which can be known by the evidence lawfully adopted and investigated by the court below. In comparison with the judgment of the court below, the aforementioned judgment of the court below is just, and the defendant's assertion is without merit. ② The court below's determination is just, and the defendant's assertion is without merit. ② The flagrant offender at the time of or after the execution of the judgment of the court below can be arrested without the warrant (Article 212 of the Criminal Procedure Act). The prosecutor or judicial police officer may seize the articles left by the suspect, or the articles voluntarily submitted by the owner, possessor, or keeper at the scene of the arrest or the crime without the warrant (Article 218 of the Criminal Procedure Act). In this case, the articles voluntarily submitted by the owner, etc.
(see Supreme Court Decision 2015Do13726, Feb. 18, 2016). In light of the foregoing, the evidence submitted by the Defendant at the scene of the arrest of flagrant offenders is regarding the evidence voluntarily submitted.