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(영문) 대법원 2016.06.23 2016도5418
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court was justifiable to have determined that part of the facts charged in the instant case was guilty on the grounds stated in its reasoning.

In contrast to the allegations in the grounds of appeal, there is no error of law by misapprehending the legal principles on the establishment of a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

2. Examining the reasoning of the lower judgment in light of the records, we affirm the lower court’s finding that the part of the facts charged in the instant case was not proven, on the grounds stated in its reasoning.

In doing so, contrary to the allegations in the grounds of appeal, there is no error of law by misapprehending the legal principles on "the body of another person who may cause sexual humiliation or shame" under Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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