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(영문) 수원지방법원 2017.11.02 2017노370
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Sexual assault against the defendant for 80 hours.

Reasons

1. The gist of the prosecutor's appeal (unfair sentencing) is as follows: (a) each of the instant offenses committed by the Defendant using the camera function located in the mobile phone in the subway Escra, etc. is not good to be committed against the Defendant’s physical parts, including the body parts of the victimized women in various places, such as subway Escra, etc.; (b) the risk of recidivism is high; and (c) the victims desire to punish the Defendant; (d) the lower court and the lower court that sentenced the Defendant to the suspension of the execution of six months, the probation of the two years, the observation of the protection, and the order to attend the lecture for the treatment of sexual assault for forty hours during the period of suspension of the execution of two years, the probation, the observation of the protection, the community service for forty hours, and the order to attend the lecture for the treatment of sexual assault for forty hours, and thus, it is unreasonable to impose each of the second adjudication decisions

2. We examine ex officio the grounds for appeal ex officio before determining the grounds for appeal.

The judgment of the court of first instance and the judgment of the court of second instance rendered each appeal against the defendant, and the prosecutor filed each appeal against the judgment of the court of second instance and this court decided to hold the above two cases together. Each of the crimes in the judgment of the court of first instance against the defendant shall be sentenced to a single punishment in accordance with Article 38 of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard,

3. The court below's conclusion is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's unfair argument of sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant and the summary of the evidence are the same as the corresponding columns of the judgment below, except for the addition of the "1.1.1. the defendant's oral statement" to the summary of the evidence, and thus, all of them are cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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