성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
2019Do1758 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.)
Coloring)
A
Defendant
Attorney Han Dong-young
Daegu District Court Decision 2019No822 Decided November 14, 2019
January 30, 2020
The appeal is dismissed.
The grounds of appeal are examined.
For the reasons indicated in its holding, the lower court convicted the Defendant of the instant charges. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the admissibility of illegally collected evidence, such as “other person’s body, which may cause a sexual humiliation or shame in the crime of photographing, etc.,” and “the evidence of unlawful collection”
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Cho Jong-hee
Justices Kim Jae-in
Justices Min Il-young in charge
Justices Lee Jae-hwan