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(영문) 수원지방법원 2017.07.14 2017노2574
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The lower court dismissed the prosecution against the violation of road traffic law among the facts charged in the instant case, and convicted the remainder of the facts charged, respectively.

Since the defendant and the prosecutor appealed only the guilty part of the judgment of the court below and the dismissed part of the public prosecution for which the prosecutor did not appeal is not appealed by the expiration of the period of appeal, the court below shall decide to decide only on the guilty part of the judgment below.

2. Summary of reasons for appeal;

A. Defendant 1’s misunderstanding of facts (a.e., taking pictures using a camera) is only an assaulted by the victim F, and the Defendant taken the victim for the remaining evidence, and did not have taken the victim with sexual intent.

2) The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment, 40 hours of order to complete a sexual assault treatment program, 10 years of registration of personal information, confiscation) is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too uneasible and unreasonable.

3. Determination

A. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases concerning the Punishment, etc.”) punishs “the act of photographing another person’s body, which may cause sexual humiliation or shame against the victim’s will by using a camera or other similar device.” The act of the Defendant taking the victim’s body against the victim’s will to take the victim’s cell phone, such as telegraph, chest, sound, etc. in physical state against the victim’s intent, is an act of taking the victim’s body, which may cause a sense of shame against the victim’s will.

Therefore, a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is established.

Therefore, the defendant's assertion of facts is without merit.

B. The Defendant led to the confession of the remainder of the charges except that of photographing the Defendant’s and the Prosecutor’s unfair argument of sentencing.

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