(영문) 부산지방법원 2020.10.23 2020노1021 | 리걸엔진

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(영문) 부산지방법원 2020.10.23 2020노1021

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Sexual assault, 40 hours against the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a period of two years, community service, 120 hours, and 40 hours an order to attend a lecture) of the lower court is deemed to be too unfeasible and unfair;

2. The judgment that the defendant recognized the crime of this case, and that the defendant has no same criminal records is favorable to the defendant.

However, the crime of this case was proposed that the defendant would leave the account of the criminal defendant suspended for the purpose of photographing the sexually related dynamics, and it was given to the victim by photographing the sexually related dynamics with the victim, and it is not good that the crime was committed in light of the motive, circumstance, contents, etc. of the crime.

As a result, the victim was threatened by threat that he would spread the sexually related dynamics from the person who was unaware of his name, and the victim suffered additional damages such as transmitting his body pictures by coercion of the person who was not aware of his name, or providing his sexually related dynamic images to the person who was not aware of his name.

As a result, it seems that the mental suffering and fear of the victim had been extremely serious.

The defendant was unable to receive a letter from the victim.

In addition, considering the defendant's age, environment, family relations, motive and consequence of the crime, the means and consequence of the crime, all of the sentencing conditions shown in the arguments in this case, such as the circumstances after the crime, the sentencing of the court below against the defendant is deemed unfair.

The prosecutor's assertion of unfair sentencing is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered

【Reasons for the Judgment of the Supreme Court】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts constituting a crime and the summary of evidence.

참조조문

-형사소송법 제364조 제6항

유사 판례

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