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(영문) 서울중앙지방법원 2013.12.20 2013노3829
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the first instance shall be reversed.

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The summary of the grounds of appeal is unreasonable in light of the following: (a) the Defendant did not have any criminal power against the judgment of the court; (b) the Defendant was aware of his mistake; and (c) the Defendant was discovered to police officers in a state of her lusingation; and (d) the instant crime was committed in the attempted crime; and (b) the Defendant’s age, character and behavior, career, volume at home, conditions before and after the instant crime; and (c) the risk of recidivism, etc., the Defendant’s fine imposed by the first instance court is somewhat inappropriate.

3. According to the conclusion, the appeal by the defendant is accepted, and the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 15 and 14(1)1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (elective Selection of Fines) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes: (a) a fine of 700,000 won to be suspended on January 1, 1, 194; (b) Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Act on the Punishment, etc. of Duculous Crimes (i.e., a defendant who is the initial offender does not have any ground for disqualification of suspended sentence, and (iii) Article 59(1) of the Criminal Act (i.e., a defendant who is the initial offender does not have any ground for disqualification of suspended sentence, and (iv) a person who has become a person subject to registration of personal information on the grounds of a sex crime subject

However, this court has a duty to suspend the sentence of the defendant, and the defendant has a duty to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when the suspended sentence of this case becomes invalidated in accordance with Article 61(1) of the Criminal Act.

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