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(영문) 서울남부지방법원 2019.01.25 2018노1335
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (Article 1:6 months of imprisonment with prison labor of the lower court; 40 hours of order to complete a sexual assault treatment program; 6 months of imprisonment with prison labor of the lower court; 40 hours of order to complete a sexual assault treatment program; 5 years of employment restriction order) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below and tried both at the court of the first instance. As a result, each crime of the judgment of the court below against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant was all reversed

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's grounds for appeal on the grounds of unfair sentencing, and it is again decided as follows after pleading.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 319 (1) of the Criminal Act (Influence of buildings, Selection of Imprisonment), and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Influence of cameras, Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The proviso to Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The accused under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who is subject to employment restriction, is the same as before.

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