성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Since the Defendant had taken photographs with the consent of the victim, the judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous and adversely affected the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, two years of suspended sentence, and 80 hours of an order to attend sexual assault treatment lectures) is too unreasonable.
2. Determination
A. The following facts or circumstances can be acknowledged according to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts.
The Defendant made a statement from an investigative agency to the court below to the effect that the Defendant took a photograph of the victim’s body without obtaining the victim’s consent while making a statement from the investigative agency to the court below that the Defendant taken the victim’s body, and the victim consistently made a statement that the victim took a photograph against
On the following day of the crime of this case, the victim demanded to erase photographs, etc. taken by the defendant.
Although there was no active restraint by the victim at the time of photographing the defendant's assertion, in light of the attitude of the defendant and the victim before and after the crime, and the statements in investigation agencies, it seems that at least it goes against the victim's will.
In light of the above circumstances, the confession of the defendant does not seem to have any other reason to dismiss the credibility of the confession.
Therefore, the defendant's assertion of mistake is not accepted.
B. The crime of this case on the assertion of unfair sentencing is not likely to have been committed by the defendant without the consent of the victim.
The defendant has a history of criminal punishment for a crime of sexual assault, and has not reached an agreement with the victim.
However, the criminal records of the defendant are about 25 years prior to the crime of this case.