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(영문) 인천지방법원 2015.12.18 2015노3158

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case of mistake of facts, even though the Defendant had had intention to photograph the body of the victims who could cause sexual humiliation or shame at the time of the installation of the blackbage camera, the lower court erred by misapprehending the fact that the Defendant acquitted, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the amount of KRW 500,000 of a fine) is too unjustifiable and unreasonable.

2. Determination:

A. On August 2014, the summary of the facts charged is as follows: (a) at the Defendant’s home room located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, 102 Dong, 201, and around early 2014, the Defendant: (b) contacted the Defendant’s n (here 17 years of age) with four victims’ sexual humiliations; and (c) installed the string string booms and the clothes before the victims arrive in order to take the victim’s bridges, etc., the Defendant taken pictures of the victim’s body or body, which could cause a sense of sexual humiliation or shame by using the video photographing function of the above brings. The Defendant did not take the victim’s body or body, which could cause a sense of sexual humiliation against the victim’s will, and thus, did not protect the victim’s body or body. The Defendant did not take the victim’s body or body by taking the victim’s booming function against the victim’s will.