logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.09.25 2015노2265
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

The seized ELS observerS prone prone.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (two million won of a fine and forty-hour completion of a sexual assault treatment program) of the lower judgment is too unreasonable.

2. In full view of all the facts pertaining to the sentencing and the records and arguments of this case, including the following facts: (a) the Defendant was the first offender; (b) the recognition of the instant crime; (c) the fact that the lower court agreed that the Defendant was the victim and the Defendant was the first offender; (d) the Defendant committed the instant crime by contingently in the first instance court; and (e) the frequency of the crime appears to have committed the instant crime; and (e) the Defendant did not repeat the instant crime; and (e) other matters pertaining to the background of the instant crime, the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. A fine of two million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Article 59 (1) of the Criminal Act for suspended sentence (Consideration of grounds for reversal);

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 4

However, the suspension of sentence against the defendant after the judgment of suspended sentence becomes final.

arrow