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(영문) 서울중앙지방법원 2013.11.08 2013노3320
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the first instance shall be reversed.

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

1. Erroring of facts or misunderstanding of legal principles on the grounds of appeal (the physical parts taken by the defendant is not a part which may cause sexual humiliation or shame) and unfair sentencing; 2. The judgment of this court

A. As to the assertion of mistake of facts, etc., it is sufficient to view that the defendant taken the body part that may cause sexual humiliation or sense of shame so long as the defendant taken the body part of a woman's bridge in digital camera, and thus, the above argument by the defendant disputing this point cannot be accepted.

B. As to the assertion on unfair sentencing, considering the following factors: (a) there is no criminal power against the defendant; (b) the defendant has been divided into his mistake; (c) the defendant has recently commenced a social life by hiring the E-stock company; (d) the defendant has been willing not to repeat the crime; (c) the defendant's age, character and conduct (as the defendant has been engaged in social welfare service activities for about 400 hours in the usual 40 hours); and (d) the degree of causing sexual desire or shame in photographs; and (e) the defendant's age, character and conduct (as the defendant has been engaged in social service activities for about 40 hours in the ordinary e-mail); and (e

3. Accordingly, the defendant's appeal is accepted, and the judgment of the first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment is reversed, and the pleading is followed again

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 14(1)1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which is applicable to the relevant criminal facts and the choice of punishment (the choice of fines), Article 38(1)2 of the Act on Special Cases Concerning the Punishment, etc. of Concurrent Crimes; Articles 50 and the former part of Article 37, Article 38(1)2, and Article 50 of the Act on Special Cases Concerning the Punishment, etc. of Concurrent Crimes; 1,00,000 won of a fine to be suspended on January 1, 200;

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