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(영문) 서울동부지방법원 2018.06.28 2017노1971
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

Summary of Reasons for appeal

A. In fact, the Defendant did not intend to intrude into public toilets and to photograph the body of the victim.

B. The sentence of the lower court that is unfair in sentencing (7 million won) is too unreasonable.

Judgment

A. An ex officio judgment prosecutor intrudes upon the room room of “the name of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Intrusion into public places for sexual purposes)” in the first instance trial, and intrudes on the room of “B” in order to satisfy his/her sexual desire” under Article 319(1) of the Criminal Act, and applied for changes in the contents of the indictment to the room possessed by the damaged “B”. Since this Court permitted this, the judgment below was no longer maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court despite the above reasons for reversal of authority, and we will examine this below.

B. According to the results of the CD (Evidence No. 24): The victim 22:42:20 PC and the toilet for the victim 22:42:20 PC and the toilet for the victim 22:42:36 Handphones, and the defendant 22:43 :18 PC turn back to the upper right direction of the central corridor : 22:4:4 5 PC and 25 PC turn back to the front direction of the emergency exit around 22:5 PC, and 25 PC turn back to the front direction of the river and emergency exit : 22:4:4:50 metres to the upper direction of the toilet: 25 PC, the victim colored to the upper end of the PC at around 22:43:43 50,000, and the victim 25 PC turn back to the rest of the entrance at around 25:25 PC 4:25 PC.

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