(영문) 대구지방법원 2016.06.03 2015노1594 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.06.03 2015노1594

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

1. The grounds of appeal are examined to the extent of supplement in case of supplemental reasons for appeal not timely filed after the expiration of the period for submitting the grounds of appeal.

The defendant took a video image with the consent of the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the facts charged in the case of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. Before determining the grounds for appeal by the Defendant’s ex officio, the part concerning intimidation among the facts charged in the instant case is an offense falling under Article 283(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 283(3) of the Criminal Act. According to the records, the original agreement was submitted on March 20, 2015, which was before the judgment of the court below was rendered, for the bail case No. 2015, 2015, the Seoggu District Court Branch Decision No. 2015, supra, around March 20, 2015, and the copy of the agreement was submitted on March 30, 2015.

In light of the contents of the written agreement, etc., it is reasonable to deem that the victim expressed his/her intention not to be punished against the whole of the facts charged of this case, including the part of intimidation, in light of the following: (a) it is recognized that the victim submitted a written agreement to the effect that the victim would withdraw the complaint by mutual consent with the defendant and that the victim would have withdrawn his/her wish to punish the defendant; (b) so, the written agreement includes “in relation to the case of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (No. 7136) against the defendant.” (c) It is reasonable to deem that the victim expressed his/her intention not to have the defendant punished for the whole facts charged of this case, including the part of intimidation.

The court below shall prosecute this part of the prosecution in accordance with Article 327 (6) of the Criminal Procedure Act.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

-형법 제283조 제1항

유사 판례

-대구지방법원 2016.02.18 2015고정1994

-대구지방법원 2016.04.06 2015노1724

-대구지방법원 서부지원 2016.02.05 2015고단539

-대구지방법원 2017.01.18 2016노4614

-대구지방법원 2021.01.27 2020나311365