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(영문) 광주지방법원 2016.03.16 2016노155
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the court below is reversed.

The sentence against the accused shall be 5,000,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The lower court’s sentence (four months of imprisonment, and 40 hours of order to complete a sexual assault treatment program) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant’s crime of this case is an unfavorable circumstance to the Defendant that is not good because the Defendant taken a body of an unspecified number of women during the nearest one year and two months, using the cellular camera function.

However, the fact that the defendant confessions all the crimes from the police investigation stage to the trial of the party and reflects them, the fact that the video taken by the defendant cannot be seen as spreading on the Internet or outside, and the fact that the defendant is the initial offender is favorable.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unlimited and deemed unfair, and thus, the Defendant’s assertion is reasonable.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of facts constituting a crime and evidence recognized by the court are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of statutes

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant shall obtain personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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