성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The defendant's appeal is dismissed.
1. At the time of the instant case, the Defendant: (a) stated that the Defendant was the victim of the Hague, who was the victim of the instant case, and said that the victim was able to take a photograph of the victim after entering the her motherel and committing a sexual intercourse; and (b) stated that the victim was able to take a photograph of the victim.
under section 4(d)(5)(3)(3)(d) of this title;
However, whether a photograph is illegible or not.
In addition, I am special upon the photo.
“The victim has taken two photographs with the consent of the victim “Ign his/her form”.
[The defendant and his defense counsel asserted that the judgment of the court below was erroneous in sentencing at the date of the first hearing of the court below, but the above argument cannot be viewed as a legitimate ground for appeal due to a new assertion made after the lapse of the period for appeal, although the court below's judgment was erroneous in sentencing.
Even if ex officio, the sentence of the court below is too excessive and thus is not unreasonable.
2. According to the evidence duly adopted and examined by the lower court and the final statement by Defendant 1, according to the evidence duly adopted and examined by the lower court and the Defendant’s final statement, the Defendant had sexual intercourse with the victim by entering the telecom. However, even if it was difficult in the telecom, the Defendant took photographs of the victim’s body without obtaining clear consent from the victim (176 pages of investigation records) and agreed on December 12, 2012 when the Defendant was investigated by the prosecution, including the crime of this case. In this case, the victim expressed the intent that there was some misunderstanding parts from his own standpoint regarding the rape and confinement portion, while recognizing the fact that the Defendant took photographs of the victim’s body against the victim’s will, the Defendant could have expressed the victim’s body against the victim’s intent.
Therefore, the defendant's mistake of facts is without merit.
3. The defendant's appeal is dismissed. It is so decided as per Disposition.