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(영문) 전주지방법원 2018.05.03 2017노1734

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, by misunderstanding the legal principles, was using the function of the hand phone, and only did the victim’s bucks in the victim’s bucks, and did not want to take the victim’s bucks with cellular phone cameras against the victim’s will, as stated in the judgment of the court below.

B. The sentence of the lower court’s improper sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the lower court’s judgment that found the Defendant guilty of the facts charged in the instant case is justifiable. In so doing, it did not err by misapprehending the legal doctrine on mistake of facts

Therefore, this part of the defendant's assertion is rejected.

① The Defendant bucks the part of the victim’s bucks with his hand phone strings, bucking around the victim’s knick, and bucking up with his hand phone knacks.

(2) A special judicial police officer who was believed to act as a criminal defendant and observed by CCTV was wrong in arresting the criminal defendant.

It was called to the effect that a photograph was not affixed with a photograph, and that a photograph was taken with a screen, and it was changed only once.

③ The Defendant, immediately after arresting the Defendant, resisted the Defendant’s personal phone, and did not look at the Defendant’s blood in a doping manner, such as leaving the lock screen of the mobile phone, and allowing his blood and blood in the defective hand to know it well.

④ In the course of investigation, the Defendant changed the victim’s assertion that he did not take the victim’s buckbucks as stated in the facts charged by using the victim’s bucks function, such as the hand-on telephone system, after divinging the cellular phone at a remote time, and the attitude of the mobile phone has changed.