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(영문) 의정부지방법원 2020.11.12 2020노466
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Imposition of the penalty (for six months of imprisonment, one year of suspended execution, 40 hours of taking the sexual assault therapy, and confiscation);

2. In light of the following factors: (a) the court below’s determination was made; (b) the confession of each of the crimes in this case; and (c) the fact that there was no past record of criminal punishment; (c) however, considering the characteristics, circumstances, and methods of the crime in this case, the defendant’s liability is heavy; and (d) the sentencing conditions under Article 51 of the Criminal Act, including the circumstances unfavorable to the defendant, are acceptable; and (d) the determination of the punishment by the court

(On the other hand, while the court below did not examine the evidence under Article 292-3 of the Criminal Procedure Act and Article 134-8(3) of the Regulation on Criminal Procedure with respect to video files and digital evidence analysis CD as requested by the prosecutor, it erred in the misapprehension of the law regarding the CD as evidence, the court below did not affect the conclusion of the judgment since it can be found guilty of other

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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