(영문) 서울고등법원 2021.03.26 2020노2305 | 리걸엔진

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(영문) 서울고등법원 2021.03.26 2020노2305

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

Defendant

In addition, the appeal by the requester for the order to observe the protection is dismissed.

Reasons

1. The lower court dismissed the prosecutor’s request for an attachment order while issuing a judgment of conviction and an order to observe the protection, and only the Defendant and the requester for an order to observe the protection (hereinafter “Defendant”) appealed.

Notwithstanding Article 9(8) of the Act on the Attachment, etc. of Electronic Devices, the part regarding which the request for attachment order is filed is excluded from the scope of the trial of the court, as there is no benefit of appeal against it, and thus, the scope of the trial of this court is limited to the part concerning the defendant

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a prison term of 7 years and fines of 10 million won, etc.) is too unreasonable.

3. Determination

A. The part of the case of the defendant is favorable to the defendant, such as the confession and reflect of the crime, and the fact that the court below agreed with K of the victim of the indecent act.

However, the defendant continued unauthorized medical practice for a long time, committed an indecent act against the victims who found them as patients during the process, and taken the victims' body against their will, and the nature of the crime is not very good.

The defendant committed some of the crimes during the period of repeated crime due to non-licensed medical practice, and was sentenced to two times the records of punishment for sexual crimes.

There was no agreement with two victims of the indecent act crime, and it was not received from victims of the use photographing crime such as Kameras.

This is disadvantageous to the defendant.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and method of committing a crime, and the circumstances after committing a crime, the lower court’s punishment against the Defendant cannot be deemed to be unfair because the Defendant’s punishment is too unreasonable.

The defendant's argument of sentencing is without merit.

B. The defendant of the part of the case of protection observation order.

참조조문

-전자장치 부착 등에 관한 법률 제9조 제8항

유사 판례

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