logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.12.22 2015노2762
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. In light of the summary of the grounds for appeal by the defense counsel (e.g., the Defendant’s mistake, and there is no record of criminal punishment; the video taken by the Defendant, most of the young women who are often seen in the Pyeongtaek subway station, taken by the Defendant, has taken the bridge or her m, etc. from among the young women who are frequently seen in the Pyeongtaek subway station, and the degree of causing sexual health is not serious; the victims are not specified and the victims are not specified and the victims are planning to move to New Zealand; therefore, the lower court’s sentence that sentenced the order to attend the sexual assault therapy for 2 years and 40 hours during the period of imprisonment is too unreasonable.

2. In light of the motive and background of each of the crimes of this case, the circumstances before and after the crimes of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the character and conduct of the defendant, the defendant's personality and conduct, and the environment, which reflects the fact that the defendant's mistake and there is no history of criminal punishment, the video taken by the defendant does not focus on the degree that the video of this case would cause sexual humiliation of the persons subject to shooting. The above argument is reasonable, since the court below's punishment is judged to be

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are identical to the corresponding column of the judgment of the court below, except for the change of "from September 4, 2014 to "from September 17, 2014" of the criminal facts of the court below to "from September 4, 2014," and therefore, all of them are cited in accordance with Article 369 of the

Application of Statutes

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

arrow