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(영문) 인천지방법원 2015.04.03 2015노122
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles have sexual intercourses with the victim naturally and naturally, and the Defendant merely taken the victim’s sexual organ in the family court without any sexual desire or intent to cause a sense of sexual shame. However, the lower court’s judgment convicting the Defendant of this error by misapprehending the facts or misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s punishment (fine 4,000,000, 80 hours for completing the sexual assault treatment program, and confiscation) of unreasonable sentencing is unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination:

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is established by photographing another person’s body, which may cause sexual humiliation or shame against the victim’s will by using mechanical devices, such as a camera, etc., and does not require the purpose of causing sexual humiliation or sense of shame. As long as the Defendant photographs the victim’s sound contents that may cause sexual humiliation or sense of shame against the victim’s will, the crime is established.

Therefore, the defendant's assertion of mistake or misapprehension of legal principles is without merit.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the instant crime was committed by the Defendant with sexual intercourses with the victim who is a intellectual disability of 13 years of age and who is a runaway juvenile, and the nature of the crime is very poor in light of the circumstances and contents of the crime, and there is no attitude to reflect and reflect it. On the other hand, there is an agreement with the legal representative of the victim on the other hand.

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