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(영문) 서울중앙지방법원 2013.07.10 2013노1766
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the first instance shall be reversed.

The sentence of sentence against the defendant shall be suspended.

No. 1 of the seized evidence.

Reasons

1. misunderstanding of facts or misunderstanding of legal principles on the grounds of appeal (no part of body taken by the defendant is likely to cause sexual humiliation or shame) and unfair sentencing; 2. The judgment of this court

A. As to the assertion of misunderstanding of facts, etc., there is sufficient ground to view that the defendant taken the body part that may cause sexual humiliation or shame, as long as the her m or m or m or m or m or m or m or m or m ore of women was taken out in digital camera, the defendant's assertion

B. In full view of the following facts: (a) the Defendant did not have any criminal power on the assertion of unfair sentencing; (b) the Defendant divided his/her mistake; (c) the degree of causing sexual humiliation or humiliation of photographs taken; and (d) the Defendant’s age, character and conduct, family circumstances, and the circumstances before and after the crime, the first instance court’s fine imposed on the Defendant is somewhat unreasonable.

3. As a result, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

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 13(1)1 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 201) as to the crime; the fine of 2,000,000 won to be suspended on January 1, 200 of the Criminal Act, which is to be suspended on January 1, 200, Articles 70 and 69(2) of the Criminal Act (amended by Act No. 50,00 won per day) of the suspended sentence on January 1, 201 of the Criminal Act (amended by Act No. 11556, Dec.

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