beta
(영문) 청주지방법원 2020.05.22 2019노1772

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and four months of imprisonment, 40 hours of order to complete a program, confiscation, and employment restriction order) is too unreasonable.

B. According to the legal principles, Defendant’s cell phone (not guilty part) is admissible as evidence after being lawfully produced and seized in accordance with Article 218 of the Criminal Procedure Act, the aforementioned mobile phone is not a voluntarily produced document, but a illegally seized evidence without a warrant, and thus, it is not admissible as evidence. Based on this, the court below acquitted Defendant of this part of the facts charged on the ground that the part of the protocol of seizure and the list of seizure, which is the secondary evidence based on which it is the second evidence, the cell phone part of the original document and the list of the original documents taken out, the investigation report (as to the results of digital evidence analysis), the digital evidence analysis report, the digital evidence analysis report, the screen screen and the evidence of seizure returned from Defendant’s cell phone SD card are also inadmissible. In so doing, the court below erred by misapprehending the legal principles. 2) The sentence

2. Judgment on the misapprehension of the legal principle by the prosecutor on the acquittal portion

A. On the following grounds, the lower court determined that the Defendant’s mobile phone was inadmissible as it is difficult to view the Defendant’s mobile phone as voluntarily produced, and that the secondary evidence based on this is also without evidence.

[1] On July 8, 2019, at least 10:35 of the record of seizure, the suspect voluntarily submitted 1 copy and 2 string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string 2019.] On the same day, the suspect needs to be found