logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2020.10.22 2020노216
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (related to the facts constituting the crime of the lower judgment) submitted as evidence in the instant case, most of the pictures taken by the victims as evidence of this case were taken after an extension of the original photograph and do not specify which one of them was an original photograph which is not closed. The extension of the original photograph does not directly photograph the victims’ body itself, and thus, it does not constitute a sexual crime punishment Act (hereinafter “Sexual Crimes Punishment Act”).

(2) Article 14(1) of the Act provides that “the body of a person who may cause sexual humiliation or shame” may not be deemed to have taken the body of a person, because most of them taken the body of a person who could cause a sense of shame or shame at an open place, on the basis of the original photograph taken by the Defendant. Nevertheless, the lower court convicted the Defendant of this part of the facts charged by misapprehending the facts or misapprehending the relevant legal doctrine. 2) The sentencing of the lower court on unreasonable sentencing is too unreasonable.

B. The lower court’s sentencing is too unjustifiable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the lower court also asserted similar to this part of the grounds for appeal. The lower court did not edit the following circumstances acknowledged by the evidence adopted by the lower court, namely, ① the Defendant taken pictures of several funerals while sending a short amount of the upper part of the school uniforms or bridges to cell phoness around 10 or 2-30 women. At the time, the Defendant taken pictures of several funerals according to the victims; ② the Defendant taken photographs using the victim’s normal cameras when the victims are in close distance; ③ the Defendant taken pictures using the function of giving a remote distance; ③ the Defendant taken the lower part of the photo taken.

arrow