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(영문) 대구지방법원 2017.11.17 2017노3440
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not have any fact that the Defendant had tried to photograph the body of the victim who caused a sense of sexual shame, and rather, it was made to take pictures regardless of the Defendant’s will by subdividing the video camera in the process of turning on a cell phone plug in order to devise the body of the victim’s house.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. 판단 원심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정들, 즉 ① 피해자는 수사기관에서, ‘ 새벽 1:30 경 방 안에 있는데 찰칵 하는 소리가 들렸다.

It is thought that a group of people is taking a boom, and it was called to a group of people.

At the time, there was only panty panty ties, and Hahh had only panty panty tyty.

In full view of the fact that the Defendant specifically stated to the purport (Evidence Nos. 13-14) and (2) CCTV images, the fact that the Defendant intended to photograph the victim’s body, which may cause a sense of sexual humiliation, is sufficiently recognized, in full view of the fact that the Defendant was able to take the victim’s inner body through knee-free cellular phones, and that it is confirmed that the Defendant took the victim’s body through his home windows.

Therefore, it is just that the court below found the defendant guilty of the facts charged of this case, and there is an error of law affecting the judgment by misunderstanding facts

subsection (b) of this section.

Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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