beta
(영문) 청주지방법원 2014.05.23 2014노23

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

The defendant shall be 40 hours.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant not guilty of the embezzlement of stolen property among the facts charged in this case on the ground that the defendant's illegal acquisition intention cannot be acknowledged, since he had a driver's license in the defendant's branch without taking any measures to find the main owner after acquiring the victim's driver's license, and he had it with the driver's license in the defendant's branch. Thus, the defendant's illegal acquisition intention cannot be recognized.

B. The punishment of the lower court (eight months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. On the grounds of appeal by the prosecutor, the summary of the facts charged in the instant case is as follows: (a) the Defendant sought a driver’s license from the 3rd floor stairs of the “Masp PC room” located in Heung-gu, Chungcheongnam-gu; (b) the victim G obtained a stolen driver’s license from the “Hasp” store located in Seo-gu, Seo-gu, Seo-gu, Cheongju-si; (c) on October 2012, the victim G did not take necessary measures, such as returning the acquired driver’s license to the victim; and (d) he embezzled the Defendant and the police officer, without taking necessary measures such as returning it to the victim; and (e) the Defendant tried to obtain the driver’s license from the 4th floor around April 26, 2013; and (e) the Defendant did not return it from the 4th floor of the instant case to the 1st Hasp son for the purpose of returning it to the Defendant and the police officer during the 2th Hasp Ha.