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(영문) 서울중앙지방법원 2013.12.04 2013노3671
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the first instance shall be reversed.

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The summary of the grounds of appeal is unreasonable in light of the following: 2. The defendant has no criminal history against the defendant; 2. The defendant repented his mistake; 3. The defendant's sexual desire or sense of shame; 42 hours in total over 42 hours in four years in total; the defendant's age, character and conduct (as long as 30 times in total, blood donation to the Korean Red Cross was made to the Korean Red Cross, the Korean Red Cross's blood donation was made to the Korean Red Cross for 177 hours in total; 30 hours in total), career (including D University economics), home form, circumstances before and after the crime, and the risk of recidivism; and it is recognized that the fine imposed by the first instance court is somewhat unreasonable in light of various sentencing conditions shown in the argument of this case.

3. Accordingly, the defendant's appeal is accepted, and the judgment of the first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment is reversed, and the pleading is followed again

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 14(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes and the Selection of Punishment, etc. of Specific Crimes: (i) a fine of 1,00,000 won to be suspended on January 1, 50 of the Act on Special Cases concerning the Punishment, etc. of Concurrent Crimes; and (ii) a fine of 1,00,000 won to be suspended on January 1, 50 of the Criminal Act; (iii) Article 70 and Article 69(2) of the Criminal Act to be detained in a workhouse (50,000 won per day) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 48(1)1 of the Confiscation Act (Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Registration of Personal Information provides that a person whose judgment of conviction has become final and conclusive due to a sex crime subject to registration shall be a person subject to registration of personal information.

(2).

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