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(영문) 서울중앙지방법원 2015.06.19 2015노114
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles have taken the instant videos in order to identify the clothes displayed at the Gangnam River Underground Prize and their fashion trend, and there was no intention to photograph another person’s body that may cause sexual humiliation or shame. In full view of the videos taken by the Defendant at the time, it does not constitute the content of taking the entire clothes worn out by the Defendant, rather than taking the specific parts of a particular woman’s body, and does not constitute sexual humiliation or shame.

Nevertheless, the lower court erred by misapprehending the legal doctrine or misunderstanding the facts charged in the instant case.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 3.5 million, the order to complete a sexual assault treatment program 32 hours) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles (1) also asserted the same as the grounds for appeal, and the court below seems to have sufficiently achieved its purpose by photographing pictures from the normal visual height of adults if the purpose of confirming the failure tendency is based on each evidence adopted and investigated by the defendant's assertion. The defendant, most of the defendant, in a low level under the Kamerra's starting line due to fall under the Kamermerra's domination, taken the video under the low level, and the video taken at the time, as alleged by the defendant, included some images focused on the display of clothes, but the considerable portion is less than the part, and the considerable portion is a video taken with the focus on the body part of the women, and if these images are only a short part of these images, it includes a majority of the defendants at the time when moving the Kamerra's signal and making it clear that they followed the female and followed it.

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