logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.08.28 2014노554
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Article 12(7) of the Constitution of the Republic of Korea and Article 310 of the Criminal Procedure Act stipulate that the confession of a defendant shall not be admitted as evidence of guilt if the confession is the only evidence unfavorable to him/her. In the instant case, the court below erred by misapprehending the legal principles and Article 12(7) of the Act, and Article 310 of the Criminal Procedure Act, although there is no evidence of proof as to whether the photograph of the defendant taken and posted against

B. The Defendant committed the instant crime on an contingent basis, and did not attempt to obtain economic benefits, such as threatening the victim after the instant crime or demanding money and valuables by using it. The instant pictures do not have faceed by the victim. As such, the degree of the instant crime was not serious. The punishment (two million won of a fine) sentenced by the lower court is too unreasonable.

2. Determination

A. Reinforcement evidence of confessions made as to the assertion of misapprehension of the legal principles can only be sufficient if it is recognized that the confessions of the defendant are true, not processed, even if the whole or essential part of the crime is not sufficient to acknowledge the whole or essential part of the crime, and it can also be indirect evidence, not direct evidence, or circumstantial evidence.

(See Supreme Court Decision 2001Do4091 Decided September 28, 2001, etc.). However, the defendant recognized all the facts charged in this case from the investigation stage, and the existence of the photograph of this case consistent with the defendant's statement constitutes evidence to reinforce the confession of the defendant as to the facts charged in this case.

The court below did not err in the misapprehension of legal principles as to the evidence of confession as asserted by the defendant.

The defendant's assertion of legal principles is without merit.

(b).

arrow