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(영문) 광주지방법원 2020.11.25 2020노2174

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Sexual assault, 40 hours against the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable;

2. The judgment of the Defendant did not only inflict an injury on the victim D of female-friendly job offering or damage a mobile phone, but also taken the sexual intercourses with the said victim, but also taken the aforementioned victim’s sexual intercourses by taking out his/her employees or five customers using the solar learning room established in his/her operation.

In light of the content and method of the crime, the nature of the crime of this case is extremely poor.

In particular, since the defendant has committed a crime against those who are in a personal or business trust relationship with the defendant, such as women's relatives, employees, and customers, there is a high possibility of criticism.

The defendant's crime seems to have caused a considerable sense of sexual humiliation, fear that his photographed materials will be leaked, and fear that his photographed materials will be taken in other places without permission will lead to life.

However, the defendant shows the form of recognizing and opposing all of his crimes.

The Defendant received a letter from the victim D, F, and I in the lower court, and received a letter from all victims.

A defendant has no specific criminal power except for punishment as a fine by putting an violent crime under consideration of it, which is minor.

In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means, consequence, etc., as shown in the records and pleadings, the sentence of the lower court is deemed to be excessively unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.

[Discied Judgment] Summary of criminal facts and evidence shall be the Court.