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(영문) 대법원 2015.10.29. 선고 2015도12758 판결

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영

Cases

2015Do12758 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

(Crathographic photography)

Defendant

A

Appellant

Prosecutor

Defense Counsel

Attorney (National Ship)

The judgment below

Seoul Central District Court Decision 2015No795 Decided July 24, 2015

Imposition of Judgment

October 29, 2015

Text

The appeal is dismissed.

Reasons

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.

Judges

Justices Kim Yong-deok

Justices Park Young-young

Justices Kim In-bok, Counsel for defendant

Justices Kim Jong-il