성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal (the factual error, misunderstanding of the legal principle), Defendant’s intent to photograph and the characteristics of the site on which the photograph was posted, each photograph recorded in the facts charged by the Defendant shall be deemed photographs of another person’s body that may cause sexual humiliation or shame against the Defendant’s will, but the judgment of the court below which acquitted the Defendant, is erroneous in the misapprehension of legal principles
2. Determination:
A. Summary of the facts charged
A. On February 2, 2014, at around 21:00, the Defendant took a photograph of the victim E (the age 24) who was seated in front of the Defendant and was taking meals at a restaurant near the Southernnam University located in Daejeon-gu, Daejeon-gu, Daejeon-dong, by using a mobile phone, and posted a photograph of the victim, such as the victim’s her her her m, bridge her m, bridge her m, etc., on the 3rd day of the same month following the following day by using a computer in F and 503 Dong-gu, Daejeon-dong, Daejeon-dong, 113 dong 503, the Defendant’s house.
B. On February 25, 2014, at around 10:00, the Defendant taken pictures of the body of the victim who is an employee on the fourth floor of the Daejeon International Hospital located in the Daejeon-gu, Daejeon-gu, using a mobile phone when the Defendant reported his/her duties. On the same day, the Defendant posted the Defendant’s pictures of the body of the victim’s bridge by using the mobile phone, and then posted the Defendant’s pictures on the Internet in the car page “G” on the Internet following the portal site via a computer in the Daejeon-gu, Daejeon-gu, Daejeon-gu, 113 Dong 503.
C. On February 27, 2014, at around 10:00, the Defendant taken photographs of the victim’s bridge part, etc. using mobile phones when the victim M (n, 45 years of age), an employee of the said precious metal house, intends to run a business, using mobile phones, and taken photographs of the victim’s bridge part, etc. on the same day by using computers in the Dong-gu Seoul Special Metropolitan City F and 113 Dong 503, the Defendant’s house.