(영문) 서울서부지방법원 2015.10.08 2015노619

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2015.10.08 2015노619

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (as to the shooting of camera, etc.), the Defendant did not have taken the image of victim F using a camera function of smartphone as stated in paragraph (1) of the facts constituting the crime in the judgment of the court below, but there was an error of misconception of facts in the judgment below finding the Defendant guilty of this part of the facts charged. 2) The punishment of the court below (as for eight months of imprisonment, two years of suspended sentence, and 40 hours of attendance order for sexual assault treatment) sentenced by the judgment of the court below is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. The lower court rejected the Defendant’s assertion of mistake of facts on the following grounds: (a) based on the same argument as the grounds for appeal in this part of this part of the judgment of the lower court, the lower court stated in detail in the judgment on the following grounds:

1) The victim is a building mentioned in paragraph (1) of the judgment of the court below (hereinafter “instant building”).

) The toilets located between stairs going from the first floor to the second floor after the entrance (hereinafter “instant toilets”).

(2) After entering the instant building, the victim was only the Defendant at the entrance of the instant building up to her exit from the entrance to the entrance of the instant building. 2) The victim did not have any person in the toilet at the time of entering the instant toilet. The victim stated that the immediately preceding group, who heard sound, went into the instant toilet and went into the side column of the toilet column used by the victim, and the victim went out.

3 The victim sent out the entrance of the building of this case to find out the person who taken the photographer immediately after being taken, while breaking out the said stairs from the toilet of this case, and breaking out the said stairs, and there was a few minutes of the shooting, and the defendant immediately next to the said stairs.

유사 판례

-수원지방법원 안양지원 2019.08.21 2019고단1116

-광주지방법원 2018.07.12 2017고정1945

-수원지방법원 2015.05.14 2014노4638

-광주지방법원 2019.02.13 2018노2206

-서울남부지방법원 2020.06.26 2020고단1276