(영문) 서울동부지방법원 2020.06.18 2019노1828

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(영문) 서울동부지방법원 2020.06.18 2019노1828

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that a mistake of facts (the use of a camera, etc. against the victim B) (the defendant taken the victim B's body without the consent or permission of the victim B, even though the defendant and the victim B were dead, it is difficult to deem that the victim had the victim's presumed consent or consent with respect to the act of wearing a photo on his sexual organ during his own possession, and that allowing the victim B to delete the photograph is merely an circumstance after the crime, the court below acquitted the defendant of this part of the charges.

B. The lower court’s sentence of unreasonable sentencing (the fine of three million won, the order to complete a sexual assault treatment program 40 hours, the confiscation) is too uneased and unreasonable.

2. Determination

A. In full view of the circumstances admitted by the evidence duly admitted and examined, the lower court determined that the evidence produced by the prosecutor alone was insufficient to acknowledge that the Defendant taken the victim B’s body photograph against the victim B’s will, and that there was no other evidence to acknowledge it otherwise.

In light of the relationship between the defendant and the victim B, this case is justified to have acquitted the defendant of this part of the charges on the grounds as stated in its reasoning, considering the fact that the log-record of the photograph deleted in the digital forensic process on the mobile phone of the defendant was discovered and investigated, and the victim B also stated that the defendant was an act committed in the course of provoking for the purpose of shouldering the low amount of money, etc.

Therefore, there is no error of law that affected the conclusion of the judgment by misunderstanding facts as pointed out by the prosecutor in the judgment below.

B. The instant crime on the assertion of unfair sentencing is committed by the victim E using a cell phone with a camera function.

유사 판례

-서울동부지방법원 2020.6.18. 선고 2019노1828 판결

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-대구지방법원 2017.01.17 2016고단5038

-서울중앙지방법원 2019.7.24. 선고 2018고단8452 판결