logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.03.24 2015노7492
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Sexual assault against the defendant for forty hours.

Reasons

1. Summary of grounds for appeal by the defendant and his defense counsel

A. Recognizing the fact that the Defendant intentionally taken the part of the victim as stated in paragraph (1) of the facts charged, it is recognized that the Defendant intentionally taken the part of the victim as stated in paragraph (1) of the facts charged, but thereafter took smartphones without stopping them, and the victims as stated in paragraphs (2) and (3) of the facts charged were taken by chance, and the Defendant did not intentionally taken the part of the victim’s bucks and bucks as stated in paragraphs (2) and (3) of the facts charged.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of all the charges of this case.

B. In light of the fact that the victim who was taken intentionally by the illegal defendant in sentencing was only one victim, and that the suspended sentence of imprisonment, which was previously imposed, can be invalidated upon the final and conclusive judgment of the criminal defendant during the suspended sentence period, the sentence of the lower court that sentenced the order to complete the sexual assault treatment program for 4 months and 40 hours, is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s authority, prior to the judgment on the grounds of appeal by authority, the prosecutor examined the facts charged at the trial of the party, and the prosecutor taken video images over about 1 minute 30 seconds of the name in which the Defendant used a smartphone camera in the name of the non-resident who was marked the Defendant’s stairs, from the subway 2 line D station located in Yeongdeungpo-gu Seoul Metropolitan Government, on June 4, 2015, around 19:23.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

2. On June 4, 2015, around 19:25, the Defendant taken video images on around six minutes, using smartphone cameras, for approximately six parts of female-free women’s bucks and paper ices in the front line of subway 2, which proceeds from E stations in the D stations and D stations, around 19:25.

Accordingly, the defendant can cause sexual humiliation or shame using a camera.

arrow