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(영문) 부산고등법원 2014.05.14 2013노653
살인등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant taken pictures of sexual intercourse without the victim E’s consent, it should be viewed that the defendant’s act of taking pictures was not illegal because it does not violate the social rules, in full view of the following: (a) the defendant was ordinarily sexual intercourse; (b) the defendant was removed immediately after the victim became aware of such fact; and (c) there was no dispute arising therefrom; and (b) the victim made a complaint during the investigation, even if the victim made a death of her husband, such complaint does not take effect; (c) the defendant took photographs for the refluence; and (d) the defendant deleted the video immediately after receiving the victim’s claim; and (e) there was no particular criticism from the victim.

3) In addition, although the prosecutor filed a summary order on this part of the original facts charged, the full bench decided to refer the case to the trial court upon the Defendant’s request for submission of the trial proceedings. The Defendant’s request for submission of the trial proceedings is deemed to have the same effect as the Defendant’s request for formal trial. In such a case, the lower court’s decision is against the principle of prohibition of disadvantageous alteration to the disadvantage that only selects a fine and selects imprisonment and imposes an order to complete a program, even if this part of the facts charged is found guilty.

2. Determination:

A. First of all, as to the assertion of mistake of facts or misapprehension of legal principles, the victim's assertion that there was an ex post facto ratification of video filming, and according to the evidence duly admitted by the court below, the victim is a mobile phone of the defendant on the Do cremation which had sexual intercourse with the defendant.

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