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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.01.08 2014노3643
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the body part of the defendant's body taken of the summary of the grounds for appeal constitutes another person's body which may cause sexual humiliation or shame, the judgment of the court below which acquitted the defendant on the other hand is erroneous in misconception of facts and misapprehension of legal principles

2. The lower court, on the grounds of detailed grounds, acquitted the Defendant of the instant facts charged on the ground that it is inappropriate to have taken a short half of a woman’s body, such as as written in the facts charged, but it is difficult to view the photographs taken by the Defendant as photographing another person’s body that may cause sexual humiliation or shame, and that there is no other evidence to acknowledge this otherwise.

In light of the records, a thorough examination of the evidence of this case is conducted. The court below's decision of not guilty of the facts charged of this case based on the above determination of evidence is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding of facts or misunderstanding of legal principles. Thus,

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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