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(영문) 대전지방법원 2017.12.06 2017노1867
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The judgment below

The guilty part (including the part not guilty) shall be reversed.

A defendant shall be punished by imprisonment for one year.

seizure.

Reasons

1. Summary of grounds for appeal;

A. The lower court, as indicated in this part of the facts charged, was in possession of the Defendant’s motion pictures and Internet 59 copies stored in video calls, as indicated in this part of the facts charged, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes due to “sale of photographed Articles” (a) and (b) the Defendant (a).

Although an act of selling 77 parts in the aggregate of video images of 18 constitutes Article 14(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes, the above provision means a case where a person who photographs another person's body in the language and text sells the photographic body directly, and the sale of the photographic body taken by a victim or a third person may not be punished in accordance with the above provision.

Ultimately, the above 59 Part 59 video is a video recording that the defendant stored in a video call, not a photograph taken by the defendant, but a photograph taken by the defendant, and even if the defendant falls under the photographed, it has not been proved that the defendant was sold against the will of the victims, and the video of the above 18 Part 18 was downloaded through the Internet, and thus, it is not directly taken by the defendant. Therefore, the court below erred by misapprehending the legal principles and misapprehending the facts charged.

B) The lower court cannot be deemed to have taken another person’s body body that could cause sexual humiliation or humiliation to the above videos at the beginning of 25 seconds per annum No. 11 (hereinafter referred to as the “crime list”) 25 seconds of the attached crime list (hereinafter referred to as the “crime list”), No. 4-56 seconds of the repied material at the beginning of 38 seconds, No. 40 minutes of the repied material at the lowest left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-up at the beginning of 50 seconds of the year, No. 51 repied material at the beginning of 15 seconds of the year, No. 15 seconds of the repied material at the beginning of 38 minutes, and that there was a violation of the Act on Promotion of the Use of Information Communications Network and Information Protection, etc. (obscenity of obscene material) with respect to each of the above videos.

(i) judgment;

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