성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
All appeals by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant (1) misunderstanding of the facts of the lower judgment (as to the charge of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and Screening of Cameras, etc.)), the Defendant did not have taken photographs of the body of the injured party against his will or sent and distributed photographs, etc. taken of the body of the injured party, as in the body of the injured party, as in the last sentence of 2015 order 2413, and in particular, the Defendant taken photographs of the injured party against her face on her face (hereinafter “the instant pictures”).
Nevertheless, the lower court found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use Screening, such as Cameras, etc.) based on each of the statements made by J and K without credibility, thereby misunderstanding the facts, thereby affecting the conclusion of the judgment.
(2) In light of the fact that the criminal defendant, who was unjustly sentenced to sentencing, commits a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes of this case (i.e., an escape vehicle), a violation of the Road Traffic Act (i.e., a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and a violation of the Road Traffic Act (ii) and has no record of criminal punishment, and is divorced by the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of this case (i.e., a camera, etc.), the sentence of the court below ordering the Defendant
B. In light of the following: (a) the Defendant was not erroneous in committing each of the instant crimes against the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”); (b) each of the instant crimes is highly poor; (c) each of the aforementioned crimes is highly poor; and (d) in particular, it appears that the Defendant sent or distributed to 70 persons who suffered from the victim’s clothes only; and (d) the pictures and photographs, etc. of the victim’s J were sent or distributed to 70 persons who suffered from the injury; and (e) the Defendant did not recover from the damage, the sentence imposed by
2. Determination.