logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.09.18 2015노2476
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant of a mistake of facts only taken the body of the victim's body by chance while photographing a son who was seated in his front, and there is no intention to photograph the victim's body as stated in the judgment of the court below.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. In full view of the facts duly admitted and examined by the court below based on the evidence duly admitted and examined by the court below, in particular, the defendant's will and victim's appearance prior to the video taken by the defendant, and the movement of camera, etc., it can be sufficiently recognized that the defendant has taken the victim's body intentionally as stated in the judgment of the court below.

Therefore, Defendant’s assertion is without merit.

B. The defendant has no power to punish the defendant in an unreasonable sentencing.

However, even until now, it is difficult to view that the Defendant’s mistake is against the truth, and the Defendant did not receive a letter of suspicion from the victim.

In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable as it is too unreasonable.

Therefore, Defendant’s assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit

arrow