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(영문) 서울중앙지방법원 2015.07.24 2015노1281
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

1. The judgment of the court below is reversed.

2. The defendant shall be punished by a fine of five million won.

3. The defendant does not pay a fine;

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) is too unreasonable.

2. Determination is that the nature of the instant crime is not good in terms of the details and methods of the instant crime.

However, the defendant's mistake is divided in depth, and the defendant received a letter from the victim F and there is no criminal history.

In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, previous conviction, and circumstances after the commission of the crime, the lower court’s punishment is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is delivered after oral argument.

(A) Although an appeal by a prosecutor is without merit, unless the original judgment is reversed on the grounds of the defendant's appeal, the prosecutor's appeal shall not be dismissed separately from the original judgment). Since the facts and summary of the facts of the offense and the summary of the evidence recognized by this court are all as stated in the original judgment, they shall be cited as it is in accordance with

Application of Statutes

1. Relevant legal provisions on crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of each fine;

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

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

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

5. Article 48 (1) 1 of the Criminal Act to be confiscated;

6. When a conviction on a sex crime subject to the obligation to register and submit the personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant shall be punished for a sexual crime.

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