성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Sexual assault, 40 hours against the defendant.
1. Summary of the grounds for appeal (legal scenarios and unreasonable sentencing)
A. The court below found the Defendant guilty of not guilty, on September 3, 2017, of the facts charged in this case, that the photograph of the Defendant taken a part of the sexual intercourse images with the victim and the photograph of the victim’s chest photographs, etc. do not constitute “other person’s body” under Article 14(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Thus, the court below erred by misapprehending the legal principles as to Article 14(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, such as a camera, etc. around August 2017 (the act No. 4 of the crime No. 1-A in the original judgment) and the photograph of the use of camera, etc. around September 3, 2017 (the act No. 1-B in the original judgment).
On the second trial date of the trial, the defendant clearly withdrawn the assertion of mistake of facts as to the obstruction of performance of official duties by fraudulent means.
B. The Defendant asserts that the sentence of the lower court (main sentence: imprisonment of eight months) is too unreasonable, and the prosecutor asserts that the sentence is too uneasible and unfair.
2. Judgment on the Defendant’s assertion of misapprehension of legal principles
A. The lower court determined as follows: (a) around August 2017, the Defendant’s act of cutting a part of the sexually related videos taken by the victim on May 5, 2017, with a photographic picture taken by the victim on May 5, 2017, and then cutting the photo and then transmitting the photo to G of the victim her scriptive message, etc., to the victim her scriptive message (hereinafter “former Sexual Crimes Punishment Act”) was amended by the Sexual Violence Punishment Act (amended by Act No. 15977, Dec. 18, 2018; hereinafter “former Sexual Crimes Punishment Act”) following the instant crime under Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “former Sexual Crimes Punishment Act”). The said Act was amended on December 18, 2018; and the reproduction of a reproduced article (including a reproduced article) was added to “the photograph taken by a person’s body.”
It is determined that the photographing of another person's body is "an act of distributing photographs."