성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
Defendant .
1. Summary of grounds for appeal;
A. Defendant B and E consistently make a statement to the effect that “Defendant A instructed Defendant B and E to take a photograph of the victim,” although there are detailed differences in the statement, from the investigative agency to the court of original trial, Defendant B and E are consistently stated to the effect that “Defendant A took a photograph of the victim.”
Defendant
B and E make a statement to the effect that “A, known as ‘Mano’ was made by Defendant A, who was known as ‘Mano’ in Dong and Dong, to follow its instructions,” and in fact, Defendant A has multiple criminal records.
Defendant
A received the victim’s photograph from Defendant B, and if Defendant A did not instruct the crime of this case, there is no reason to send the victim’s photograph to Defendant A.
In full view of these circumstances, Defendant A can be deemed to have committed indecent act by force against Defendant B and E and taken the body of the victim.
Nevertheless, the court below found Defendant B and E's statement to have no credibility and found Defendant A not guilty, which erred by misunderstanding facts in the judgment of the court below, which affected the conclusion of the judgment.
B. The punishment (two years of imprisonment and three years of suspended execution) imposed by the court below against Defendant B is too unfased and unfair.
2. Judgment on the assertion of mistake of facts against Defendant A
A. The lower court’s judgment is insufficient to view that the direct evidence corresponding to the facts charged against Defendant A contains some statements in the investigation agencies and courts of Defendant B and E, but it is difficult to believe that the statements in the investigation agencies and courts of Defendant B and E, which seem to correspond to the facts charged, are sufficiently proven to the extent that there is no reasonable doubt, based on the evidence duly admitted and investigated.