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(영문) 대전지방법원 2016.06.01 2015노4024
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to KRW 5 million, KRW 40,000,000, and KRW 40,000) is too unreasonable.

2. Summary of the facts charged in this case

A. The Defendant, at around 06:40 on August 8, 2015, took photographs of the victim D (the 19 years of age, the 19 years of age, and the Gain) who walked on the road located in Northern-gu B, Seocheon-si, Seocheon-si, Seocheon-si, and the Gain taken by the Defendant using the A7 smartphone's camera functions in the gallonization of the Defendant, as well as the Defendant taken the parts of the body of the victim, from June 24, 2015 to June 24, 2015.

8. up to August, 200, the body of the victims who might cause sexual humiliation or sense of shame using machinery and devices with similar functions over 34 times in total, such as the list of crimes in the annexed sheet, was taken against their will.

B. The Defendant provided the victim D’s photo taken as above 1 at the date and time by transmitting the victim D’s photo to the smartphone hold room when galloning gallon of Pro-dong E using his/her smartphone carooox, and exchanging each other’s sound voice, as well as exchanging each other’s sound voice from June 24, 2015.

8. By August 8, 200, as in the foregoing paragraph 1, photographs taken by the victims’ body parts were provided to E 34 times in total, such as the list of crimes in attached Form 1.

3. The grounds for appeal by the defendant ex officio are unfair in sentencing, but the appellate court may ex officio decide on the grounds that affected the judgment, even in cases where the grounds for appeal are not included in the grounds for appeal (Article 364(2) of the Criminal Procedure Act). We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

A. Article 14-2(1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof punishing acts of photographing another person’s body, which may cause sexual humiliation or shame, by using the relevant legal principles, camera or other similar devices, shall be the sexual freedom of the victim of a personality chain.

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