(영문) 수원지방법원 2017.08.24 2017노675 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.08.24 2017노675

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the prosecutor's appeal grounds for the instant crime is inappropriate in light of the following: (a) the victim's appearance of the victim, which the defendant had been in general service, was taken out of shower rooms and partitions above, and the damage caused by the instant crime is serious; (b) the sentence of the court below sentenced to the suspension of sentence for six months is too uneasible.

2. The crime of this case is deemed to have been committed with the knowledge that the victim (the age of 23) was shower within the 3 public female toilet of the defendant who was in general duty. The defendant opened a toilet with the knowledge that the victim (the age of 23) was living in the public room of the 3th public official, and it is not good that the victim was taken pictures of the body of the victim using the camera shooting function inside the shower room and the outside of the shower room and the partitions installed in the cell of the defendant's mobile phone above. The defendant's photograph taken by the defendant revealed that the body parts of the victim, such as the victim's chest, etc., were fit, and thus, it seems that the victim suffered a significant sense of sexual humiliation. Since the defendant's general duty to manage and supervise the above public official, it is more likely that the defendant committed the crime of this case while working for the general duty of care, it is more likely that the defendant's motive and circumstance of the crime of this case, the situation before and after the crime, degree of damage, and other circumstances expressed the defendant's intent of punishment.

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 evidence is the defendant.

참조조문

-형법 제51조

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