logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.04.17 2016노3628
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the court below is reversed.

The sentence of a fine shall be suspended for the defendant.

No. 1 of the seized evidence

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence (2 million won of punishment, 40 hours of order to complete a program, and confiscation) imposed by the court below against the defendant is too unreasonable.

2. The crime of this case is committed in the vicinity of the part of the body part of the damaged woman, which the defendant suffered a horse in the subway station’s transit, and the nature of the crime is not good. The crime of this case requires strict punishment for the crime of photographing another person’s body by using electronic devices, etc. in order to satisfy the sexual desire, and is disadvantageous to the defendant.

On the other hand, the fact that the defendant is divided into his criminal act and seriously against himself, that the victim of the crime was not exposed to the leakage of images, that the defendant was exposed to police officers working for the defendant, that the victim was unable to reach an agreement with the victim who was abandoned without knowing the fact, that the defendant was the first offender with no criminal history, that the defendant was the first offender with no criminal history, and that the third party or his parents in the place where the defendant was working in the past and want to take the defendant's wife against the defendant (the defendant was working as a special teacher educating the disabled) are favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, the lower court’s punishment is too unreasonable, taking into account the circumstances that led to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, family relationship, environment, occupation, etc., and the conditions for sentencing as shown in the arguments and arguments.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant recognized by this court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1..

arrow