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(영문) 부산고등법원 2021.03.31 2021노23
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of Defendant 1 sentenced to the lower judgment (two years of imprisonment, etc.) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unjustifiable.

2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the first instance sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant taken a female body of a woman who is putting stairs in a subway station as a motion picture, and acquired a benefit of 535,000 won by selling illegal filmings, including those taken directly.

In addition, after the media report on so-called “U case” and “AL case,” etc., the Defendant possessed a large number of illegal filmings, such as children and juveniles sexual exploitations, and provided some of them to third parties.

Each of the crimes of this case is heavy in light of the contents, circumstances, and methods of the above crimes, and the age of the victim.

In addition, the Defendant had been subject to juvenile protective disposition twice due to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.). However, the Defendant did not know even during the period of protection and observation pursuant to juvenile protective disposition and did not seem to have a high possibility of criticism against the Defendant.

On the other hand, the defendant recognizes all of the crimes of this case and is against the law.

In addition to the above records of juvenile protective disposition, the defendant is not subject to criminal punishment.

There is also a view to the growth process and family relationship of the accused.

In addition to the above circumstances, the following conditions are comprehensively taken into account: Defendant’s age, sexual conduct, environment, motive, background, means and consequence of the crime, and the circumstances after the crime was committed.

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