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Defendant
In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant and the respondent for an attachment order (hereinafter “Defendant”) were not in the position of protecting and supervising the victim due to business, employment or other relationship.
2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.
2) Since the Defendant’s part of the case where the attachment order is requested is likely to recommit a crime, the attachment order request should be accepted.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, Article 10(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that the right of sexual self-determination of a person under the protection or supervision of another person shall be unreasonably infringed on due to duties, employment and other relationship.
The phrase “a person who is under the protection or supervision of another person due to business, employment, or other relationship” includes a person under actual protection or supervision (see Supreme Court Decision 74Do1519, Feb. 10, 1976). In full view of the following facts or circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant can sufficiently be recognized that he/she was in the position of de facto protection or supervision of the victim due to business, employment, or other relationship. Accordingly, this part of the Defendant’s assertion is rejected.
(1) The Defendant is the representative of C (hereinafter referred to as “C”), and C is a non-profit corporation that takes photographs or videos of a person who commits a tort and secures evidence, and then receives a prize for distribution by reporting it to the relevant ministries and agencies.
C is operated in such a structure that one half of the prizes are divided in the event the members are recruited to be members, and the members are required to take photographs or videos, and if they are paid the prizes after the report and the process to receive the prizes is followed.