logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.30 2016노2170
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s sentence is too heavy.

B. Public prosecutor (1) misunderstanding the facts (not guilty) of the judgment of the court below is similar to the 6th time’s body photo (the page of the investigation record 81 page) of the “ female body body” (the 83-84 page of the investigation record) and the “sex-related color photo (the color color mat),” and the Defendant posted the Defendant together with his photograph (the victimized female’s sexual intercourse with her clothes). Such contents are also written.

It seems that the photograph of ‘sexual intercourse' is also the photograph of the victimized female.

(2) Undue sentence of the lower court is too minor.

2. Determination

A. In full view of the grounds presented by the lower court in the part of not guilty and the following circumstances acknowledged by the evidence examined by the lower court as to the assertion of mistake of facts, the evidence alone, presented by the prosecutor, cannot be found as having taken pictures of the victimized female.

The lower court’s determination is correct.

Although it is confirmed that the damaged female undergoes the autopsy from the “ female under body” photograph, it is not confirmed that the form is limited to a white kick, which is not confirmed.

Although it is confirmed that the women appearing in the photo of ‘sex-related spons' have sexual intercourses with being sponsed, it is not distinguished as to whether the clothes suffered in the form of spherical spherical spherical spherical sphers.

The photograph of “sexual intercourse” is different from the photograph of another sexual relation (only a part of the body of the defendant, and also a photograph which can be taken while citing a mobile phone) in which the defendant is charged, and is taken from a certain distance away from his/her sexual relation, so it is difficult to view that it is a photograph taken by the defendant directly.

B. In light of the circumstances revealed in the grounds of sentencing and the conditions of sentencing indicated in the record, the lower court does not recognize that the sentencing is unfair.

3. Conclusion and prosecutor’s appeal are all filed.

arrow