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(영문) 울산지방법원 2016.09.23 2016노1062
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Unfairly ordering the lower court to submit to the Defendant for the registration of personal information is unreasonable.

2) The sentence of the lower court’s improper sentencing (an amount of KRW 5 million, KRW 80,000, KRW 800, KRW 200, and confiscation) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. On the argument that the registration of personal information is unfair, the defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information pursuant to Article 43 of the same Act, so the above argument by the defendant is without merit.

B. We also examine the grounds for appeal by the Defendant and the Prosecutor regarding the wrongful argument of sentencing.

The crime of this case is a case in which the defendant took the body of the victim's cell phone at a public place, and the method of crime is considerably intelligent and planned, and thus, the nature of the crime is not good, and the victim seems to have suffered considerable mental shock due to the crime of this case, etc., is disadvantageous to the defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant repents his mistake, the fact that the photograph taken by the mobile phone does not spread externally, the victim does not want the punishment of the defendant in agreement with the victim, and the fact that there is no past record of criminal punishment.

In full view of the circumstances favorable to the above unfavorable circumstances and other circumstances, such as the Defendant’s age, sex, environment, the background leading to the instant crime, and the circumstances after the commission of the crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the sentencing of the Defendant and the Prosecutor is unfair.

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