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(영문) 서울서부지방법원 2016.11.10 2016노505
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. With respect to the fact of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under paragraph (2) among the facts constituting a crime in the judgment of the court below claiming a mistake of facts or a misapprehension of legal principles, the defendant has no head from the window side of the toilet in which the defendant was opened.

Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence of imprisonment (six months of imprisonment, order to complete a program, confiscation) imposed by the lower court on the ground of unfair sentencing is too unreasonable.

2. Judgment on the misunderstanding of facts or misapprehension of legal principles as to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

A. The summary of this part of the facts charged and the summary of this part of the judgment of the court below are as follows: “The defendant discovered women’s public toilets adjacent to the above public parking lot No. D 1 located in Mapo-gu Seoul on August 25, 2015, and tried to peep women who reported the urine in the toilet by inserting them into the window behind the above public parking lot No. D. 1 located in Mapo-gu Seoul on August 25, 2015. In other words, the defendant, for the purpose of meeting his own sexual desire at the seat, moved back to the above public toilet where E (33 years old), F (48 years old) was moving back to the lower end of the toilet window, and viewed the victims as a place of sexual intrusion for the purpose of sexual purpose.”

As to this, the court below found the defendant guilty of this part of the facts charged by considering the evidence in its judgment.

B. Judgment of the political party 1) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Defendant ( direct evidence that conforms to the facts charged for sexual purpose and public place intrusion) is the trial court of G.

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