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(영문) 서울동부지방법원 2016.06.23 2016노168
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 900,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The video taken by the Defendant by misunderstanding the legal principles did not reach the degree that it could cause sexual humiliation or shame.

However, the lower court convicted the Defendant by misapprehending the legal doctrine on this, and sentenced him/her guilty.

B. The sentence of the lower court’s unfair sentencing (2 million won in punishment, 40 hours’ completion of sexual assault treatment programs, confiscation) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of misapprehension of the legal principle also asserted as the grounds for appeal. The court below acknowledged the fact that the victim's her her mbbbbbbbs and her her mbbbbs and her her mbbbbbs have taken video for a considerable period of time while her mbbbbbs and her her mbbbbbs and her her mbbbbbs and her her mbbbbbbs and her her mbbbbbbs and her her mbbbs in light of the fact that the defendant's her mbbbbbbs and her her body can cause sexual humiliation or shame from the perspective of an average person with the victim's her mbbbbbbbbbbbs and her mbbbbs, etc., which were taken by the defendant.

B. We examine the determination of the unfair argument of sentencing, and the possibility of criticism in that the Defendant again committed the instant crime even though he had the record of having been sentenced to a suspended sentence due to the same type of crime in 2013.

However, the victim's physical condition or exposure taken in the video of this case.

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