logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.05.19 2016노44
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Public prosecutor: In full view of the evidence submitted by a public prosecutor, it is sufficiently recognized that the defendant photographs the body of the victim in a sexual relationship against the victim's will, taking into account the misunderstanding of facts (the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the use of cameras and photographs)

B. Defendant 1) misunderstanding of the facts or misunderstanding of the legal principles (a special residential intrusion) had a knife at the time of the Defendant’s intrusion into the victim’s residence, but the Defendant, who is engaged in ordinary coastal fishing operations, has always been in possession of the knife knife knife, and the Defendant was in possession of the knife knife regardless of the instant crime. At the time, the Defendant did not know that he was in possession of the knife knife, and thus, the Defendant infringed upon the victim’

subsection (b) of this section.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court’s determination as to the Prosecutor’s assertion of mistake of facts (A) is based on the records, and the lower court determined that: (a) the Defendant, at the victim’s home, took pictures of a sexual intercourse with the Defendant using the Defendant’s mobile phone camera function while having sexual intercourse with the victim; (b) at the time when the victim took pictures of a cell phone with the victim’s body, the victim was able to sufficiently recognize the Defendant’s sexually related images by taking the cell phone on his hand while going on the victim’s body; and (c) the Defendant was in a sexual intercourse with the victim and recorded a voice for about 40 seconds and for about 2 minutes and 30 seconds; and (d) accordingly, the Defendant refused to take pictures, such as demanding the Defendant to suspend taking pictures, or immediately after taking pictures.

arrow