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(영문) 서울중앙지방법원 2014.04.04 2013노4062

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The defendant's appeal is dismissed.

Reasons

1. Error of facts or misapprehension of legal principles as to the gist of the grounds of appeal (not to have taken the body part which may cause sexual humiliation or shame against the victim's will. In particular, video images Nos. 7 of the crime list attached to the judgment of the court below are taken by another woman as a body of the victim while taking the fryer in the night room, and video images Nos. 8 of the same crime list are taken by the defendant as he had a fryr, and as he had a fry and eye, the above pictures were taken by the victim's fryr in the process of making smartphones as he had a fry and eye, it is merely a photograph of the victim's bridge in the process of making smartphones.) and unfair sentencing.

2. The judgment of this Court

A. In full view of the evidence duly admitted and examined by the court below, the relation between the defendant and the victims (the injured female shall be female female who are or may know about the defendant's name), the body part of the taken body (the ambane and the ambath part of the damaged female who suffered a short ambath or anti-compet), the place of shooting, the frequency of shooting, the method of shooting, etc., it can be sufficiently recognized that the defendant taken the body of another person who may cause sexual humiliation or shame as stated in the facts constituting the crime in the judgment of the court below.

(The video images No. 7 of the judgment of the court of original instance are shown to have been taken by the defendant intentionally while being taken by the victimized woman, and the video images No. 8 of the same crime sight table are stated in the investigative agency that the defendant taken the specific body of the victimized woman after sunset). Accordingly, the defendant's argument of mistake of facts is not accepted.

B. Although the Defendant initially commits the instant crime, the circumstances leading up to the instant crime, the frequency and contents of the crime, the circumstances after the crime, and other various circumstances that serve as the conditions for sentencing, such as the Defendant’s age, character and conduct, environment, and family relationship.