성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영인정된죄명:성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수]
2019Do14973 Violation of the Special Act on the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.)
Name of crime recognized to be taken: Special Cases concerning the Punishment, etc. of Sexual Crimes
Violation of the Act (Attempted Use and Screening of Cameras)
A
Prosecutor
Suwon District Court Decision 2019No3313 Decided October 4, 2019
December 13, 2019
The appeal is dismissed.
The grounds of appeal are examined.
On the grounds indicated in its reasoning, the lower court reversed the first instance judgment that found the Defendant guilty on the grounds that there was no proof as to the fact that the instant facts charged constituted the crime, and rendered a not guilty verdict on the grounds indicated in its reasoning, and determined that only the attempted violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (ameras, etc.) included in the instant facts charged was convicted. Examining the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the establishment of a crime of violation of the Act on Special Cases Concerning the Punishment
The Prosecutor appealed the entire judgment of the court below, but did not state the grounds of objection in the petition of appeal or the appellate brief concerning the guilty portion.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Min Il-young
Chief Justice Cho Jae-hee
Justices Kim Jae-in
Justices Lee Jae-hwan