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(영문) 대법원 2021.03.11 2020도18202
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s final appeal, the lower court rendered a not guilty verdict on the grounds that there was no proof of a crime regarding the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a camera, etc.) around June 3, 2015 among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a

2. On the grounds of appeal by the Defendant, the lower court found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) around May 2015 among the facts charged in the instant case on the grounds stated in its reasoning.

Examining the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “the body of another person who may cause sexual humiliation or shame,” in the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kamera, etc.).

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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