beta
(영문) 서울동부지방법원 2020.11.26 2020노832

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the lower court’s punishment (5 million won of a fine and 40 hours of order to complete a sexual assault treatment program) is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant took photographs of the body of the victim against the victim’s will, and assaulted twice, and the nature of the crime is bad, and the Defendant did not reach an agreement with the victim.

On the other hand, at the time of the crime of this case, the defendant was living together on the premise of marriage with the victim, and the fact that the defendant has no record of punishment for the same kind of crime is favorable to the defendant.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing is without merit

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

[However, pursuant to Article 25(1) of the Rules on Criminal Procedure, Article 25(1) of the second criminal facts of the judgment of the court below ex officio shall be revised as follows: "When the victim takes Da and his hairs, etc. into consideration, and the victim takes three times as drinking at the bottom of the victim who has come to sit on the floor, the part "............................................