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(영문) 서울서부지방법원 2020.11.30 2020노10
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

The judgment of the court below is reversed.

In regard to the crimes of the 2019 Highest 3164, which are decided by the defendant, a fine of 4 million won and the remaining crimes.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the lower court rendered (e.g., a crime of KRW 5 million, a fine of KRW 5 million, and the rest of a crime: 6 months, etc.) is too unreasonable.

2. The crime of this case committed by the defendant has stolen the appearance of female workers in female toilets several times, and tried to photograph the appearance of the use of a mobile phone on several occasions.

The Defendant was sentenced to the same punishment as before the judgment of the court below, due to the intrusion of female public toilets and taking pictures that are almost the same as the instant crime, etc.

Of the instant crimes, the instant case occurred before the final judgment became final and conclusive, and at the time, the Defendant was exposed to a change in the appearance of the Defendant, and the Defendant was also aware of the “satisfying” while making a change in the appearance.

However, it was again prosecuted in the case of 2019 Highest 2682, 2019 Highest 2948.

It is inevitable to make strict punishment corresponding to the criminal liability.

However, there is no yet young and has been subject to criminal punishment for any other day except for these kinds of crimes. They received family support from one of the victims of the 2019 Man-Ma2948 at the lower court and agreed with one of the victims of the instant case and the victims of the 2019 Man-Ma3164 at the trial, whose personal information has been confirmed by mutual consent, and the victims expressed their intent not to be punished against the Defendant.

There are mental problems such as shock disorder in the defendant, and this problem seems to have a significant impact on the crime of this case.

The defendant is constantly receiving psychological counseling treatment for this, and the defendant shows his intention to be actively treated in the future.

Since the crime of 2019 Highest 3164 is concurrent crimes under the latter part of Article 37 of the Criminal Act, the equity should be taken into account with the case of being sentenced simultaneously with the previous conviction in the judgment.

The sentence of the court below shall be maintained for the remaining crimes.

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