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(영문) 수원지방법원 2016.10.13 2016노5342
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant crime, was aware of the fact that the video is being taken with his mobile phone at the time of the instant crime, and the video stored in the Defendant’s mobile phone had the wind to activate the camera function of the mobile phone in the process of wrong handling of the Defendant’s cellphones, and the Defendant did not intentionally have taken the video.

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous.

B. The sentence imposed by the lower court (two months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. The following circumstances revealed by evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts: ① in the cell phone seized from the Defendant at the time of the crime committed on June 5, 2016, two video images taken by the male users in the shower room of indoor swimming pool on April 17, 2016 and six video images taken by the male users in the shower room of indoor swimming pool on June 5, 2016; ② The focus of the video is both on the two video, and the focus is consistent with the two video images taken by the male users in the shower room of indoor swimming pool on June 5, 2016, and the two video images taken by the male users in the shower room and the escape room; ② even in the case of the transition of liver images into a different direction, it is confirmed that they are captured on the screen of the male in the direction of immediate transition; ③ The above video images were taken as objects of the minors; ④ the Defendant’s cell phone was managed by the Defendant’s indoor police station on June 6, 201.

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