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(영문) 대전지방법원 2015.07.15 2015노1313
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for 10 months, completion of sexual assault treatment programs, confiscation) that the court below sentenced against the defendant is too unreasonable.

2. The judgment of the defendant taken the bottom, etc. of a large number of victims, the defendant taken the victims of a camera installed in a hole inside the mouth, and taken the victims' joints by hand. The fact that the manual is professional and interview and it is not appropriate to constitute a crime, and that the defendant has a record of being sentenced to one time of suspended execution and two times of fine due to the same kind of crime under similar veterinary law, is disadvantageous to the defendant.

However, it is reasonable that the defendant led to the crime of this case and reflects his mistake, the victim's face, etc. that information sufficient to identify is not taken, the photographed video is not displayed or disseminated, and the defendant committed the crime of this case after seven years have passed since he was punished as a crime of the same kind in 2007 and was treated as a mental and medical treatment for a long time, and was not committed for a long time. The defendant has a family member to support the defendant, and the defendant has been detained for about six months due to the crime of this case and has an opportunity to reflect it.

In addition, in full view of the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances before and after the crime, the sentence of the court below is considered to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[C] The summary of the facts of the crime of this case and the defendant's summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below, and they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

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