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(영문) 부산지방법원 2019.10.25 2019노246
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) of the facts charged by the defendant should be deemed to have taken photographs of another person's body that may cause sexual humiliation or sense of shame, but the court below judged otherwise and sentenced not guilty of the facts charged in this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Examining the evidence duly adopted and investigated by the court below in detail in light of the records, the court below is just in holding the defendant not guilty on the ground that the facts charged in this case constitute a case where there is no proof of criminal facts, and there is no error of misconception of facts or misapprehension of legal principles as pointed out by the prosecutor.

The prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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