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(영문) 서울중앙지방법원 2019.11.28 2019노2454

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years of imprisonment.

provided that this judgment has become final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court (two years of imprisonment, etc.) on the Defendant is too unreasonable.

B. The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

2. The crime of this case is found to have taken the body of the defendant against his will, which might repeatedly arouse sexual humiliation or sexual humiliation for a considerable period against many unspecified women, and also took the image against his will of sexual intercourses with female women known through NAB car page or sexual intercourses with the victim I and M for commercial sex acts, and it is not very good that the crime is committed in light of the content, method, frequency, etc. of the crime, and the degree of damage caused by the crime of this case is very serious, and the video images posted by the defendant are distributed to many unspecified and unspecified persons through the foreign obscene site, and it is virtually difficult to fully delete them.

However, it is judged that the punishment imposed by the court below is somewhat inappropriate considering the following factors: the defendant's mistake and reflects the defendant's life for a period of eight months, there is no history of criminal punishment, the video images posted by the defendant had already been disseminated, and the defendant did not seem to have distributed the remainder of the videos; the defendant received a letter by agreement with the victims of the video images posted at the trial; the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and all the sentencing factors shown in the records and arguments, such as the circumstances after the crime, etc., are somewhat inappropriate.

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

3. The Defendant’s appeal is with merit.