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(영문) 서울북부지방법원 2016.06.09 2015노1933

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in this case, the part concerning the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the annexed Table Nos. 1, 4, 6, and 10 listed in the judgment of the court below among the facts charged in this case constitutes photographing against the defendant's will another person's body that may cause sexual humiliation or shame. However, the court below acquitted the defendant of this part of the facts charged, and the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (amounting to five million won, 40 hours, e.g., e., e., e., e., e., e., e., e

2. Determination

A. The lower court determined as to the assertion of misapprehension of the legal doctrine, in light of the evidence photographs of 1,4,6, and 10 listed in the list of crimes listed in the judgment of the lower court among the facts charged in the instant case, it is difficult to view the photographs of the victim’s legs to have taken the body of another person on the ground that they had taken the body of another person on the ground that they had taken the body of the victim or nearly telegraph at the time when the victims left or were seated, and that they did not have taken the body of another person on the ground that they appeared to have taken the body of another person on the ground that they had taken the body of another person on the ground that they did not reach an excessive level of exposure due to the overall appearance, etc., even in the context of shooting, they appear to have taken the body of another person on the ground that they did not appear to have taken the body of another person on the ground that the body of another person on the part of the Defendant did not reach a sense of sexual humiliation or the body of another person.

In light of the records of this case, the above judgment of the court below.