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(영문) 수원지방법원 2017.04.20 2016노5939
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the prosecutor’s appeal (unfair sentencing) is that each of the crimes of this case is not good to be committed by the defendant while taking advantage of the victim’s body part of the cell phone camera function, and that the defendant committed each of the crimes of this case at least two times during the period of suspension of execution, and that some victims did not receive a letter of suspicion, etc., the court below’s sentence ordering the defendant to complete the program of treating sexual assault for 10 million won and 80 hours is too unreasonable.

2. The judgment of the court below held that each of the crimes of this case committed each of the crimes of this case was committed on April 2014 by the defendant sentenced 2 years of suspension of execution to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Suwon Fucks, etc. on October 31, 2014, and committed each of the crimes of this case. It seems that the victims did not compensate for damages to most victims up to the trial of the court below, and that the defendant did not compensate for damages to them, and that there were other charges of this case, such as the motive and circumstances before and after the crime of this case, the circumstances of the crime, the degree of damages, other records, and the defendant's environment, personality and behavior, family relations, etc. as stated in Article 51 of the Criminal Act.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the defendant's criminal facts and evidence is the same as that of each corresponding column of the judgment below.

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