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(영문) 서울중앙지방법원 2017.10.12 2017노2807

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The judgment of the court below is reversed.

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

The defendant is a sexual assault treatment program.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment is too heavy.

B. The prosecutor (unfair exemption from disclosure notification order and unfair sentencing) exempted the defendant from disclosure notification order of personal information against the defendant, and the court below did not err in the misapprehension of legal principles since there are no special circumstances that the defendant should not be sentenced to disclosure order of personal information.

The sentence of the court below shall be too minor.

2. The following circumstances acknowledged by the lower court based on evidence duly adopted and investigated by the prosecutor regarding the public prosecutor's allegation of exemption from disclosure disclosure order; ① the Defendant is punished by a fine of three million won due to forced indecent act committed in the Jeonju District Court military support on May 29, 2012; ② on November 2, 2012, the said court has violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (In a concentrated place), three million won as an indecent act in the above court; on September 25, 2013, two years of suspended sentence for 8 months; and on September 30, 2014, the Defendant has been punished by imprisonment with prison labor for 8 months with prison labor for the same violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (In a concentrated place); and on May 23, 2016, the Defendant has been sentenced to imprisonment with prison labor for 6 months in the same line of crimes (an indecent act in the public place) and 8 months of punishment, etc.

Considering the social relationship between the defendant's family and the defendant's family, the degree of disadvantage and expected side effects when the disclosure notification order to the defendant is executed are significant.

I am.