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(영문) 수원지방법원 2019.02.12 2018노4256
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is as follows: (a) taking pictures of the victims who suffered a short flag or fladice with a short time at night is obvious to satisfy their own sexual desire; and (b) the victims’ body can be clearly seen if taken by the development of modern technology, even if taken, if taken, it should be deemed that the Defendant taken pictures of the victims who may cause sexual humiliation or sense of shame.

2. According to the records of this case, it is reasonable that the court below determined that the defendant could not have taken the body of the victims who might cause sexual humiliation or shame for reasons as stated in its reasoning. Thus, the prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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