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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (2 million won for punishment, 16 hours’ sexual assault treatment program, 16 hours’ completion order, and 1) is too unreasonable.
B. A prosecutor 1) On October 2015, violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (for photographing a camera, etc., using a camera, etc.) by the Defendant around October 2015 constitutes a photograph that may cause sexual humiliation or sense of shame from the perspective of an average person of the same gender as the victim and age group.
Nevertheless, the lower court acquitted the Defendant of this part of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine as to whether the body part of the victim’s body taken by the Defendant constitutes “other person’s body which may cause sexual humiliation or shame” and thereby adversely affected the conclusion of the judgment.
B) According to the evidence submitted by the prosecutor, including the statement at the court of the court below held by the victim H, etc. of the intrusion, the fact that the defendant invadeds into the toilet possessed by the victim by means of inserting the handphone in the narrow door of the toilet, at around November 17, 2015, at the G main office located in Gwangju-gu, Gwangju-gu, that the victim drinking alcohol and drinking alcohol to the toilet located inside the main office, can be sufficiently recognized.
Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine on determining whether to recognize the credibility of the victim’s statement, thereby adversely affecting the conclusion
2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.
2. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine
(a) around October 2015: