(영문) 전주지방법원 2016.02.05 2015노158 | 리걸엔진

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(영문) 전주지방법원 2016.02.05 2015노158

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. The summary of the grounds for appeal (misunderstanding the facts) was that the defendant had given the victim's consent to photographing the victim's sexual intercourse with his/her personal phone with the victim, and the defendant did not have posted the photograph taken of his/her sexual intercourse with the victim on the Internet website.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly adopted and investigated by the court below, namely, the victim, from the investigative agency to the court of the first instance, attempted to have a sexual intercourse with the victim and attempted to photograph the victim as a portable phone, and the victim did not photograph the victim.

The defendant stated his intention of refusal, and consistently stated that the defendant does not allow the photographing of the video, and the victim recognized that the defendant posted the video of this case to the victim at the investigation stage at the Internet J site and directly deleted the video of this case from the trial court.

In full view of the fact that the Defendant stated that the withdrawal of a complaint was made, and that the Defendant made a statement to the effect that he/she recognized the facts charged in the instant case at the investigative agency and the court below, the Defendant taken a sexual intercourse face against the victim’s will, as shown in the facts charged, and posted the above photograph on the Internet website.

Therefore, the defendant's assertion of factual mistake is rejected.

B. The court below did not add to concurrent crimes even though the defendant's ex officio determination of the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing a camera, etc.) and violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing a camera, etc.) due to posting a photograph on the Internet website by photographing the victim on the Internet site. In this respect, the court below did not add to concurrent crimes.

3. Accordingly, the judgment of the court below shall be reversed ex officio.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

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