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(영문) 창원지방법원 2020.06.18 2019노2317
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, 160 hours of order to attend sexual assault treatment courses, 3 years of employment restriction order) imposed by the lower court is deemed to be too uneasy and unreasonable.

2. The appellate court may, ex officio, decide whether there exists any reason to find the sentencing unfair in the judgment of the court of first instance prior to the prosecutor’s judgment on the grounds for appeal that the sentence of the court of first instance is too unfluent and unfair, and if such reason exists, it shall reverse the judgment of the court of first instance and determine a minor sentence than the sentencing of the court of

(see, e.g., Supreme Court Decisions 80Do2097, Nov. 11, 1980; 2008Do1092, Dec. 9, 2010). We examine the sentencing of the Defendant ex officio prior to the prosecutor’s decision on the assertion on unfair sentencing.

This case is a case in which victims who are workplace fellows repeatedly for a long time are exposed to the nature of the crime.

Attached Form

범죄일람표 제1번 내지 제3번 기재 각 범행은 잠자는 피해자에게 카메라를 들이댔다는 점에서 불법성과 비난 가능성이 특히 크다.

When the victims came to know of the crime of this case, the suffering and fear of the victims suffered were very serious, and it seems that it will continue for a considerable period of time.

However, the defendant was aware of the crime of this case and was in depth against the defendant.

The photographer has not been distributed, and there is a low possibility of illegality and criticism rather than the photographer case of a secret body or situation, such as mongic or sexual behavior, and the photographer case of the photographer.

The defendant paid the agreed amount to the victims for the first time in the trial, and the victims do not want to be punished by the defendant (or KRW 25 million to the victim H, the victim F, and G (each family name)).

There is no record of criminal punishment against the defendant.

The Defendant was dismissed from office on January 9, 2020 due to the instant crime.

(2).

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