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(영문) 부산지방법원 2016.11.11 2016노3364
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal asserts that the Defendant is too unfasible to the punishment (two months of imprisonment and 80 hours of order to complete a sexual assault treatment program) of the lower judgment, and that the prosecutor is too unfased and unreasonable.

2. The crime of this case committed each of the following facts: (a) the Defendant sent the images and videos taken of his body parts of the victim’s own female-friendly job offers to the victim’s restraint, company aid, etc.; and (b) the victim’s cellular phone and bank are damaged; and (c) the Defendant’s crime of this case appears to have suffered considerable sexual humiliation and mental shock; and (d) the victim appears to have suffered considerable sexual humiliation and mental shock; and (e) the victim is disadvantageous to the Defendant.

However, it seems that the defendant was detained for about two months in prison, and thus his mistake appears to be against the defendant. The circumstances favorable to the defendant are that the defendant paid 47 million won to the victim in the trial of the court, and the victim does not want the punishment. The defendant was the first offender who had no record of punishment before the case, and his family is making efforts to prevent recidivism.

In full view of these circumstances, the Defendant’s age, character and conduct, environment, the background and motive leading to the instant crime, and all other matters concerning the sentencing as shown in the instant records and arguments, it is deemed that the sentence of the lower judgment is too unreasonable.

Therefore, the prosecutor's argument of unfair sentencing is without merit, and the defendant's argument of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(No appeal by a prosecutor is well-grounded, but unless the original judgment is reversed by accepting the appeal by the defendant, the prosecutor’s appeal shall not be dismissed in the Disposition). The summary of facts constituting an offense and evidence.

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