성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment below
Among the attached crimes, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with regard to 18 times a year in the list of crimes.
Proceedings and the scope of adjudication of this Court
A. The lower court found the Defendant guilty of all the facts charged in the instant case, and sentenced the Defendant to a fine of KRW 7,00,000, 40 hours’ order to complete sexual assault treatment programs, and two years’ employment restriction orders and confiscations by institutions related to children and juveniles.
B. The prosecutor appealed against the lower judgment on the ground of unfair sentencing, and the lower court, prior to remand, reversed the lower judgment ex officio on the ground that it did not have judged whether the Defendant imposed an employment restriction order on welfare facilities for the disabled pursuant to Articles 2 and 59-3(1) and (2) of the Addenda to the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018), and the seizure of voluntarily produced items under Article 218 of the Criminal Procedure Act at the time of arresting flagrant offenders is not allowed, and even if such permission is granted, it denied the admissibility of evidence of seized cellular devices and storage information stored in cellular phone on the ground that there is no evidence to reinforce this in addition to the Defendant’s confession, and acquitted the entire charges of this case on the ground that
C. A prosecutor filed an appeal against the judgment of the party before remanding the case on the grounds of misapprehending the legal principles, and the Supreme Court, among the instant facts charged, rendered a judgment of not guilty on the ground that there was no supporting evidence to support the Defendant’s confession, despite the fact that there is considerable room to view that there was any supporting evidence regarding the part of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes No. 18 Before remanding the judgment of the party prior to remanding the case. However, the Prosecutor’s appeal is dismissed on the grounds that the remainder of the facts charged in the instant case is acceptable, and the conclusion of the judgment of the court prior to remanding the case on the grounds that there is no evidence to prove a crime.