성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영
2015Do12758 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
(Crathographic photography)
A
Prosecutor
Attorney (National Ship)
Seoul Central District Court Decision 2015No795 Decided July 24, 2015
October 29, 2015
The appeal is dismissed.
The grounds of appeal are examined.
For the reasons indicated in its reasoning, the lower court reversed the judgment of the first instance that found the Defendant guilty on the charges of this case, and sentenced the Defendant not guilty. Examining the record, the lower court did not err by misapprehending the legal doctrine on “other person’s body, which may cause sexual humiliation or shame in the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.)”
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Yong-deok
Justices Park Young-young
Justices Kim In-bok, Counsel for defendant
Justices Kim Jong-il