Text
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Sexual assault, 40 hours against the defendant.
Reasons
1. Summary of grounds for appeal;
A. Since the defendant clearly expresses his intention to voluntarily submit a mobile phone by informing the police officer of the mobile phone password or signing and sealing the document of voluntary submission or the written waiver of ownership after he was transferred to the investigation unit office, the act of violation of the first procedure that seized the mobile phone and the causal relationship between the collection of final evidence is severed, and thus the admissibility of the mobile phone and the photographs stored therein is recognized. However, the judgment of the court below is erroneous in the misunderstanding of facts or misunderstanding of legal principles.
B. The sentence of the lower court (six months of imprisonment) on the sole basis of an unreasonable sentencing (with respect to both sides and convictions) is too minor or unreasonable.
2. Judgment on the prosecutor's assertion of mistake or misapprehension of legal principle
A. A. Around 18:08 on July 17, 2017, the Defendant taken a video image of the part of the victim’s body part on his/her own name, i.e., the part on his/her own, going up with the shorter he/she from the mobile phone camera in Yongsan-gu Seoul, by taking advantage of the mobile phone camera, against the victim’s will. (ii) On July 17, 2017, the Defendant taken a video image on the part of the victim’s body part on his/her body part on his/her own, which was short of the body body using the mobile phone camera in Yongsan-gu Seoul, Seoul, against the victim’s will.
3) On July 17, 2017, at around 18:32, the Defendant taken video images against the victim’s will, around July 17, 2017, on the part of HW subway 4 in Dongjak-gu Seoul Metropolitan Government, and on the part of the part of the victim’s bridge, which was going up with a short flamer by using the mobile phone camera. 4) On the part of the victim’s will, around July 17, 2017, the Defendant taken a short half of the short half of the victim’s bridge by using the mobile phone camera. 4) On the part of the victim’s will, around July 18:49, the Defendant took a video image.