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(영문) 수원지방법원 2014.07.03 2014노683
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

[Judgment as to the Reasons for Appeal] The sentencing of the lower court (one hundred months of imprisonment, two years of suspended execution, and 80 hours of sexual assault treatment programs) is deemed to be too uneasy and unfair.

The crime of this case was committed by the defendant with a small camera inside the female toilet change of the company operated by him, and the records, etc. of the victim E (the age of 31) who was an accounting employee by attaching a small camera, etc. in light of the contents, means, and methods of the crime, etc., the crime is not good, and the victim suffered considerable sexual humiliation and mental pain and retired from the above company, etc. are disadvantageous to the defendant.

However, considering the fact that the defendant, who made the victim as the victim, deposited 2.5 million won at the court below as the victim and additionally deposited 2.5 million won at the court below, that the defendant was the principal offender, that the defendant was the principal offender, that the mistake is recognized, and that the sentencing precedents in similar cases and all other circumstances that form the conditions for the sentencing specified in this case are considered, the sentencing of the court below cannot be deemed to be unfair because it is too unreasonable, rather than it is too unreasonable.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is so decided as follows.

[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3

Application of Statutes

1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) and the selection of fines concerning criminal facts;

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

1. Order of completion;

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