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The judgment of the first instance shall be reversed.
The sentence of sentence against the defendant shall be suspended.
Seized evidence No. 1 shall be confiscated.
Reasons
1. 항소이유의 요지 사실오인(피고인은 경로석에 앉아서 잡담하는 피해자들이 괘씸하여 피해자들을 촬영하였을 뿐이지, 성적인 의도를 가지고 성적 욕망 또는 수치심을 유발할 수 있는 신체 부위를 촬영하지는 않았다), 양형부당. 2. 이 법원의 판단
A. As long as the defendant has taken the body part of a female bridge by pointing out the part of the female bridge with digital cameras, it is sufficient to view that he/she taken the body part that may cause sexual humiliation or sense of shame by willful negligence. Thus, the defendant's assertion disputing this point cannot be accepted.
B. In full view of the following facts: (a) the Defendant did not have the same criminal power as to the assertion of unfair sentencing; (b) the Defendant divided his/her mistake; (c) the degree of causing sexual humiliation or shame of the photograph taken; and (d) the Defendant’s age, character and conduct, family character, and circumstances before and after the crime; and (b) the court of first instance recognized that the Defendant’s fine imposed on the Defendant is somewhat unreasonable.
3. As a result, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.
The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 13(1)1 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 201); former part of Article 37 of the Criminal Act aggravated concurrent crimes; Articles 38(1)2 and 50 of the Criminal Act (amended by Act No. 1,00,000 won of a fine to be suspended on January 1, 200; Articles 70 and 69(2) of the Criminal Act (amended by Act No. 11556, Jan. 1, 2000