(영문) 인천지방법원 2014.07.18 2014노1706 | 리걸엔진

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(영문) 인천지방법원 2014.07.18 2014노1706

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Sexual assault, 40 hours against the defendant.

Reasons

1. The summary of the grounds for appeal (6 months of imprisonment and 40 hours of order) of the lower court is too heavy or too unfied, (the Defendant).

2. In light of the fact that a mobile phone with a judgment camera function has become popularized and requires severe punishment in society due to frequent sexual crimes using the mobile phone, and the crime of this case is harmful to the nature of the crime as the defendant taken a large number of unspecified women over a long-term period, and the defendant has repeatedly committed the crime of this case during the grace period even though he was subject to a disposition of the suspension of execution due to the same kind of crime, it is recognized that the necessity to strictly punish the defendant is recognized and that a sentence of punishment is inevitable.

However, in full view of the following factors: (a) the defendant's time to commit the instant crime and misleads the defendant; (b) a considerable number of the photographs taken by the defendant appears not to contain any content likely to cause a great sense of sexual shame of the victim; (c) the defendant's photograph is not distributed by transmitting it to another person; and (d) other various sentencing conditions as shown in the records and arguments, such as the defendant's age and character environment; and (e) the circumstances before and after the commission of the instant crime, etc., the sentence imposed by the court below is somewhat unreasonable; and (e) the defendant's assertion

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of the former and the Selection of Punishment, etc.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

-형사소송법 제364조 제6항

-형사소송법 제369조

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