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(영문) 서울서부지방법원 2020.04.06 2020노110
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The judgment of the court below is reversed.

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

Sexual assault against the defendant for 80 hours.

Reasons

1. The summary of the grounds for appeal is too unreasonable (e.g., imprisonment with prison labor, completion of sexual assault treatment programs for 80 hours, employment restrictions for each five years with child or juvenile-related institutions, etc. and welfare facilities for disabled persons).

2. The instant crime was committed by the Defendant’s physical parts, etc. of women by means of planned installation, etc. of blamera in toilets, slopes, etc., and the degree of exposure to the victim appearing in the photographic body is not easy and the duration and frequency of the crime is very high.

In addition, child and juvenile pornography is highly harmful to society, and the case is serious because the defendant has a large number of child pornography.

On the other hand, the defendant recognizes and reflects the crime, and there is no record of criminal punishment against the defendant.

The victims have not been punished for the defendant by mutual consent with the victims of illegal photographing during the trial period.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, family environment, the background and motive leading to the instant crime, and the conditions of sentencing as shown in the instant records and arguments, the lower court’s punishment is deemed unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court are identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to the corresponding column of each judgment of the court below. Thus, it is citing it as it is in accordance with Article

Application of Statutes

1. Article 1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 15977, Dec. 18, 2018) applicable to the relevant criminal facts and the selection of a sentence.

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