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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
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, due to the proof of alcohol dependence, had the symptoms of temporarily drinking alcohol whenever the complainant dices drink and drinking alcohol every day, each of the instant videos was taken against the Defendant’s will, and the Defendant did not have awareness of the film itself.
Therefore, the contents of the instant complaint cannot be viewed as false.
In addition, the defendant submitted a complaint under the judgment that it is a crime to send a sex-related site taken by the complainant to Kakakao Stockholm without specifying specific applicable laws and crimes under the lack of knowledge about the law, and that it is no longer a crime that the complainant sents a sex-related site taken in the absence of memory because of alcohol, and ultimately, the complainant made a complaint to eliminate the taken images and prevent the complainant from bullying.
Therefore, there was no doubt about the defendant's intention to commit the crime.
B. The lower court’s sentence (one year of suspended sentence for six months of imprisonment) against an unfair defendant is too unreasonable.
2. Determination
A. 1) According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts can be acknowledged.
A) Among the video images taken by the complainants, there are parts showing the appearance of the Defendant as if the Defendant knew of the fact of photographing, and the contents thereof are as follows.
In the video taken around May 2015, the defendant sees the Kameras side, "I am at present", "I am at low time", and "I am at first step".
There are pages such as "on the front," "on the front of a fake," "on the front of a fake," "on the front of a voice," "A, I, I, and I, I, I, and M, I, respectively."
In the video taken around June 28, 2015, there is a door to ask "a person who becomes a "person" as the defendant sees a camera.
In the video taken around October 26, 2015, the criminal defendant asked "Yolan" to be "Yolan," and the criminal complainant "e video."