성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. misunderstanding of the facts or misapprehension of the legal doctrine (as to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes)), the victim did not commit an indecent act against the victim by fraudulent means or by force. The victim is not a person
B. The sentence of the lower court (two years of imprisonment with prison labor) is too unreasonable.
2. Determination
A. Of the instant facts charged, the summary of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (D through occupational force, etc.) is as follows: “The Defendant, as if the Defendant was a photographic author, expressed a job offer advertisement to the effect that the Defendant seeks a model on the Internet NAV car page “D”, and had the Defendant expressed an intent to commit an indecent act using a photograph against the women who reported and contacted with him.
On June 1, 2016, the Defendant: (a) taken the victim F (the age of 18) who reported and contacted the above posted materials; and (b) taken pictures and nudic photographs with only the clothes attached thereto; (c) took the victim’s H telecom in Gangnam-gu Seoul Metropolitan Government on June 11, 2016, around 15:00.
Defendant 1: (a) placed the victim on the bed of a nudle photo, etc. at the above location; (b) placed the victim on the bed on the bed; (c) placed the victim on the bed; and (d) placed the victim on the bed; and (c) placed the victim on the bed of a photograph, as if the photograph was taken, the victim’s body towards the body of the victim and prevented the victim from leaving the body of the victim properly; and (d) placed the victim on the bed of about 10 minutes by taking advantage of the victim’s age and the fact that the victim was left at the bed of the body of the victim, and did not resist the victim, the victim was humd, and the victim was humd.
The damage caused by the damage caused by the damage caused by the damage caused by the damage. The damage caused by the damage caused by the damage caused by the damage caused by the damage.
Accordingly, the defendant committed an indecent act against the victim under the protection and supervision of the defendant due to his duties through deceptive means and force.
b.".