2019No1084 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (ameras, use and photographing of Cameras);

Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Intrusion upon Sexual Purpose and Public Place)

A

Defendant

Freeboard (prosecution), Kim U.S. (Public trial)

Seoul Western District Court Decision 2019Da1645 Decided July 17, 2019

February 20, 2020

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The court below's punishment against the defendant (one year of imprisonment with prison labor for April suspension, 80 hours of community service order, 80 hours of lecture order for the prevention of recidivism of sexual assault, 80 hours of lecture order, confiscation, and 3 years of employment restriction order) is too unreasonable.

2. Determination

The Defendant appeared to have committed all the instant crimes, and among the instant crimes, took photographs of the instant crimes. The Defendant did not have any criminal record, and the employees of C, who committed the instant crime, wanted to take the Defendant’s wife.

On the other hand, the crime of this case is very poor to have installed Mameras by impairing the two places of women's toilets to take the body of women using toilets. In addition, taking account of the defendant's age, the motive and circumstances of the crime of this case, and all of the sentencing conditions indicated in the argument of this case, such as the circumstances after the crime, etc., the court below's punishment is too unreasonable. Therefore, the defendant's assertion of unfair sentencing is without merit.

3. Conclusion

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

Within the presiding judge;

Judges Ducules

Judge Choi Jong-young