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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2020.12.22 2020노441
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. Defendant (1) misunderstanding of facts and misunderstanding of legal principles (A) The Defendant did not have any fact of photographing the body of the victim B, and even if taking domestic affairs, it should be deemed that the victim consented implicitly to the taking of the body of the victim.

(B) The Defendant only fighting with the victim’s body, and did not assault or assault the victim.

(2) The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, two years of suspended execution, etc.) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

A. (1) The statement by the victim, etc. of the relevant legal doctrine is consistent with the main part of the statement made by the witness in light of the empirical rule, and there is no unreasonable or contradictory part in the statement itself in light of the empirical rule, and the defendant’s motive or reason to make a false statement is not clearly revealed (see, e.g., Supreme Court Decisions 2006Do5407, Nov. 23, 2006; 2018Do7709, Oct. 25, 2018). (B) In light of the contents of the first instance court’s decision and the evidence duly examined by the first instance court, the first instance court’s decision on the credibility of the statement made by the witness in the first instance is not clearly erroneous, or the first instance court’s decision on the credibility of the statement made by the witness in the first instance is clearly different from the first instance court’s decision on the ground that the first instance court’s decision on the credibility of the statement was clearly different from that of the first instance court.

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