상해등
1. The judgment of the court below is reversed.
2. The defendant shall be punished by a fine of one million won.
3. The defendant does not pay a fine;
1. Summary of grounds for appeal;
A. On May 12, 201, the Defendant did not assault or inflict any injury on the victim as stated in the lower court’s judgment. In particular, the photograph attached to the “Investigation Report (STV)” and screen pictures attached to the “Investigation Report (STV)” were taken without the consent of the Defendant, and the Defendant shall not be punished on February 23, 201, because it constitutes illegally collected evidence. (2) On February 23, 2011, the Defendant did not assault the victim as stated in the lower judgment.
3) There is no fact that each Defendant damaged property damage, as stated in the lower judgment, did not damage C’s property. B. The lower court’s sentence on unreasonable sentencing is too unreasonable. 2. Determination on February 1, 2007 (De
A. We first examine the admissibility of a photograph attached to an investigation report (compicing on the screen screen) and a screen image attached to an investigation report (compicing on the CCTV) prior to the assault on May 12, 2011.
Guaranteeing the dignity and value of the people as human beings belongs to the basic duties of state agencies, which should be realized in criminal proceedings. However, since all evidence related to the privacy of the people can not be considered to be immediately prohibited from submitting them, the court should decide whether to grant the permission by balancing the benefits of effective criminal prosecution, the public interest such as discovery of truth in criminal proceedings, and the protection of personal interests such as personal interests.
(See Supreme Court Decision 97Do1230 delivered on September 30, 1997, and Supreme Court Decision 2008Do1584 delivered on June 26, 2008). In this case, the above pictures and videos taken a living figure in a ward that falls under the common residential space of the defendant and the victim, and are necessarily necessary for criminal prosecution against the defendant, so they should be submitted as evidence for the realization of public interest.