성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Of the facts charged in the instant case, the lower court found the Defendant guilty of this part of the facts charged, which is a crime of non-competence, even though the victim submitted to the lower court on July 19, 2017, to the effect that he/she did not want to punish the Defendant, erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. The sentence sentenced by the lower court (six months of imprisonment, forty hours of order to complete a sexual assault treatment program, confiscation) is too unreasonable.
2. Judgment on the misapprehension of legal principles
A. The summary of this part of the facts charged 1) The Defendant was the victim’s cell phone through the Defendant’s cell Gflasck application, in order to avoid contact with the Defendant on January 16, 2017 at an instituous area (hereinafter referred to as “instituous area”) around 01:27, 2017.
Manana Mana Mana
At the same time, the message was sent to H to the effect that, upon blocking, the victim sent the message “I am open to the public, whether you have obtained a favorable photograph or not.” On the same day, the victim sent the victim’s back-to-face image from among the screen pictures taken by the victim around 06:56 on the same day, and then sent the victim’s back-to-face image to “I am within the opposite answer. I am within the opposite answer. I am only one time in this photograph. I am am open to this photograph. I am? I am you am you am only without contact with the Defendant.” The victim threatened the victim to spread the victim’s back-to-face and the fact that the victim’s left-hand by the Internet.
2) On January 18, 2017, from around 18:21 to around 22:15, the Defendant sent five copies of a photograph of the victim’s sexual intercourse to the victim’s sexual intercourse, among the video images taken from the victim’s mobile G display to the victim’s influence, from around 18:21 to 22:15, the Defendant sent to the victim the victim’s sexual intercourse.