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(영문) 수원지방법원 2015.05.21 2014노6671
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the gist of the prosecutor’s appeal, the instant crime is unreasonable since the lower court’s suspended sentence of KRW 1,00,000 is too uneased, in so doing, because the Defendant openly displayed five photographs of body parts, such as her chest and her m, which the Defendant acquired by an uneasible method, on the Internet, and the risk of recidivism cannot be ruled out.

2. In light of all the circumstances alleged in the grounds of appeal, the lower court’s sentence is not deemed unreasonable, even if it is considered that the Defendant’s mistake is against the Defendant, there is no history of criminal punishment, the Defendant’s withdrawal from the Internet camera after the instant crime does not directly photograph photographs posted on the Internet camera, and taking account of the motive and circumstances leading up to the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s character and conduct, and the environment, etc.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, the part of the judgment below's "registration of personal information" is clear that there is an error in the time of the duty to submit personal information, and such error is corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure as follows.

If a conviction on a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras, etc.) in the judgment on a sex offense subject to registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc.

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