logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.06.11 2015노192
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant’s pictures listed in the table Nos. 1 and 2 of the crime list Nos. 1 and 2 of the judgment of the court below (hereinafter “the pictures of this case”) do not specify or point out only the part of the victim’s bridge, but photographs all the upper half and lower half of the body in which the shot and head are well in a state of shot and head, and the place where the shot are taken is a long range for pedestrians to view the situation of the victims in a high range of way, and the form of the victims taken in the photographs is ordinary student form that can be seen as ordinary in the street, the body taken by the Defendant does not constitute a body that may cause sexual humiliation or sense of shame.

In addition, the defendant did not have any awareness or criminal intent that the appearance of women active in the distance at the time shows the appearance of women healthy and beautiful, and photographs are taken, and otherwise, the defendant did not have any awareness or criminal intent that photographs another person's body that may cause sexual humiliation or sense of shame.

On the other hand, the defendant's legal statement, police seizure protocol, and each investigation report presented by the court below as evidence are not evidence to prove the facts charged of this case in light of its contents.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty of the facts charged.

B. In light of the following facts: (a) the Defendant taken the leg part of the body part, which is the sensitive body part of women in light of the name that the Defendant passed through using his mobile phone camera, without the permission of the son; and (b) the Defendant had a record of being sentenced to a fine due to a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. of Arranging Sexual Traffic; and (c) the Defendant had a record of being sentenced to a fine of KRW 2 million, the Defendant’s suspended the sentence of fine of KRW 2 million is too un

2. Determination:

arrow