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(영문) 서울서부지방법원 2020.09.14 2020노525
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be treated with sexual assault for 80 hours.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court is too unreasonable.

2. The crime of this case is very serious in the case where the defendant took 5 times the form of female women who see the side in the female toilet in the commercial building, as well as taking 55 times the appearance of female women who are sexually female victims in their own place of residence using mobile phones without the victim’s consent.

On the other hand, the defendant appears to have committed the crime of this case without mental health as university students. After the crime of this case, the defendant committed the crime of this case, the defendant shows an attitude of pening and reflecting his mistake after the crime of this case, and actively cooperate with the investigation such as providing investigative agency with the password of his cell phone, etc. The video of this case seems not to be spreading, and there seems to be no possibility of additional damage, and the defendant is able to concentrate on mental therapy for the prevention of recurrence, etc. to recognize that there is a problem in his health condition and to prevent recurrence, the defendant has reached an agreement with the victim who reported the crime of this case at the trial, and all of the sentencing conditions as shown in the records and arguments of this case, such as the age, character and behavior, the background and motive leading up to the crime of this case, the circumstances before and after the crime, etc., are considered to be unfair.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court are identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to the corresponding column of each judgment of the court below. Thus, it is citing it as it is in accordance with Article

Application of Statutes

1.

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