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(영문) 서울남부지방법원 2019.10.17 2019노1192
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below acquitted the Defendant of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is the primary charge in the Seoul Southern District Court case No. 2018 Godan1828, and the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, which is the ancillary charge, of violation of the Act on Promotion, etc. of Utilization of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (obscenity), and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is the primary charge in the case No. 2018 Godan6085, and violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection

Since only the defendant appealed against the conviction, the part of the judgment of the court below which the prosecutor did not appeal was separated and confirmed as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., two years of imprisonment) is too unreasonable.

3. Even if the judgment of the court below reflects the defendant's act of violation and the defendant's health condition, each of the crimes of this case is considerably poor in light of the applicable law, the defendant did not receive a letter from the victims, there are no special circumstances or changes in circumstances that can be reflected in the sentencing after the decision of the court below, and other circumstances that constitute the sentencing conditions appearing in the records and arguments of this case, including the defendant's age, character and behavior, environment, motive and consequence of the crime, and circumstances after the crime, etc., the sentencing of the court below is not deemed to be too heavy beyond the scope of reasonable discretion, and thus the defendant's assertion is not accepted.

4. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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