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(영문) 인천지방법원 2013.11.29 2013노2289
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, using the camera of a smartphone 4 smartphone, had a knife knife to take the body part of a female in his possession, put the bottom part of the knife of the knife knife in the inner part of the cell phone, put the cell phone into the inner part of the cell phone, and knife the object of the crime.

On November 28, 2012, around 14:52, the Defendant: (a) discovered the appearance of victim F (36 years of age, n, n) from the first floor of the E Hospital in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, the Defendant attempted to operate a camera image function of the mobile phone, which was concealed in the door, and then concealed in the door; (b) accessed the back of the female and set down the door under the front door, and (c) tried to photograph the ma of the female, but the Defendant attempted to move the place and eventually attempted to commit a crime by G, which is the seat of the victim.

2. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the macroficial evidence.

3. Summary of grounds for appeal;

A. In order to record the contents of conversation with customers on duty, the Defendant was only equipped with a cell phone and possessed with him and did not intend to photograph the victim.

B. Legal principles 1) The Defendant, without operating the video filming of a mobile phone, made use of the body of the victim to set the bags containing the mobile phone on the floor without operating the video filming of the mobile phone, and there was no commencement of enforcement. 2) In a case where a request for formal trial is made in objection to a summary order, such as this case, adding an order to disclose personal information violates the spirit of the principle of prohibition against disadvantageous alteration under the Criminal Procedure Act.

C. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence (one million won of fine) against the Defendant is too unreasonable.

4. The facts charged in a criminal trial for the judgment of the political party must be proved by the prosecutor, and the judge is true to the extent that there is no reasonable doubt.

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