성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Of the convictions and innocences of the lower judgment, the punishment of sexual crimes committed on June 29, 2016, etc. of the lower judgment.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts (the guilty portion in the original judgment) did not capture a video image to the victim or interfere with business and threaten his family members to harm the victim’s property, as stated in each charges, and there was no means of intimidation. Defendant 2) The sentence of the lower court on unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
B. According to the evidence submitted by the prosecutor of mistake of facts and misapprehension of legal principles (not guilty portion of the judgment in the original judgment), and the fact that the defendant assaulted and threatened the victim on June 29, 2016, to sign a memorandum of non-performance, and to photograph the victim's body against the victim's will, as stated in the facts charged, can be acknowledged.
B) The Defendant’s act of entering the facts charged in the misapprehension of the legal principles as to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (using Kameras, etc.) in 2017 constitutes the act of photographing the body of the victim realized by using video call function as a cellular phone. 2) The lower court’s sentence of unfair sentencing is too unreasonable and unfair.
2. The summary of the facts charged is that the Defendant was a person who was an employee of “D”, who is a trader of building materials leased by the victim B (53 years of age and inn) and was aware of the fact with the victim since 2014.
On June 2015, the Defendant reported the content of the Kakakao Stockholm conversation stored in the victim’s computer at the victim’s office office and came to know that the victim started to teach another male with the other male, and had the victim thought that he was flick, and had the victim flicked to accept money and valuables from the victim.
On June 29, 2015, the defendant, who was charged with the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (using Kameras et al.) was forced to commit a sexual crime, No. 0 of the N building at the Namyang-si around 20:00.