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(영문) 서울북부지방법원 2020.09.15 2020노926
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles are found guilty of all the facts charged in the instant case even though the Defendant did not have taken a physical part of a person who may cause sexual humiliation or sense of shame or shame, there is an error of misunderstanding of facts or misunderstanding of legal principles. 2) The judgment of the court below which rendered an unfair sentencing decision against the Defendant is unfair because the punishment (including fine of KRW 5 million, KRW 40 hours order, and confiscation) imposed

B. It is unfair that the above sentence imposed by the court below on the defendant is too unfluent and unfair, as well as the exemption from the employment restriction order.

2. Determination on the grounds for appeal

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the lower court determined that the Defendant could sufficiently recognize the fact that he taken “the body of another person who may cause sexual humiliation or shame” as stated in the facts charged in the instant case, and found the Defendant guilty of this part of the facts charged. 2) The reasoning of the lower court’s conviction was as follows: (i) the victims of each of the instant pictures were lawfully adopted and investigated by the evidence; (ii) the victims of the instant pictures were exposed to the bucks from the vicinity of the bucks to the bucks; (iii) the victims of the instant pictures were exposed to the bucks in the vicinity of the bucks; and (iv) the instant pictures were taken by the Defendant even after the victim was set even after the victim’s appearance; and (iii) the Defendant was considered to have taken the victim’s body and bucks of the instant pictures.

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