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(영문) 대법원 2014.08.26 2014도6371
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be lodged against the judgment of the court below for the reason that the judgment of the court below affected the conclusion of a serious fact, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for

Therefore, in this case where a fine was imposed against the defendant, the defendant taken photographs with the victim's implied consent or presumed consent, and the defendant did not have any intent to take photographs against the victim's will, the argument that the court below erred by misapprehending the legal principles on the intention, implied consent, or constructive consent in the crime of violating the Act on the Punishment, etc. of Sexual Violence Crimes (Use of Cameras), cannot be a legitimate ground for appeal.

Furthermore, even upon examining records, the lower court did not err by misapprehending the legal doctrine as alleged in the grounds of appeal.

2. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Act”) wholly amended by Act No. 1156, Dec. 18, 2012; and enacted on June 19, 2013, provides that Articles 42 and 43 shall designate a person who has been finally found guilty of a sexual crime as a person subject to registration of personal information and impose the duty to submit personal information on him/her, and shall inform the person subject to registration of the fact that he/she is a person subject to registration and the person subject to registration has to submit personal information when he/she is declared guilty. Meanwhile, Article 4(1) of the Addenda provides that the said provision on the registration of personal information shall apply to a person who has been finally declared guilty after the enforcement date of the Act on Special Cases Concerning

The judgment below

According to the reasoning and the reasoning of the first instance judgment, the judgment of the court of first instance maintained by the court below shall be personal information of the defendant while pronounced guilty of the defendant's crime of using the instant camera, etc.

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