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(영문) 의정부지방법원 2020.08.14 2020노799
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment below

Of the attached list of crimes, the number 1 to 4 shall be written respectively.

Reasons

The lower court found the Defendant guilty of all the charges of this case and sentenced the Defendant to imprisonment with prison labor for a year and two months, suspended sentence two years, probation, an order to attend a sexual assault treatment lecture for 40 hours, and an employment restriction order and confiscation order of child and juvenile-related institutions for five years.

The prosecutor appealed the judgment of the court below prior to remanding on the ground of unfair sentencing. The judgment of the court below prior to remanding on the ground that the prosecutor appealed on the ground of unfair sentencing. The judgment of the court below prior to remanding on the ground that ① in this case, pursuant to Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) and Article 2 of the Addenda, the determination on whether to issue an employment restriction order to the defendant for welfare facilities for the disabled. ② Since it is impossible to recognize the admissibility of photographs reproduced and printed out by searching the cell phone apparatus seized through voluntary submission at the time of arrest of flagrant offenders and stored information stored in cell phones, among the charged facts of this case, each of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes listed in the attached Table No. 1 through No. 4, the judgment below is reversed and the judgment of the defendant is acquitted on the grounds that there is no evidence of crime.

A prosecutor appealed only to the acquittal portion of the judgment prior to the remanding judgment, and the Supreme Court is allowed to seize a flagrant offender pursuant to Article 218 of the Criminal Procedure Act at the site of arrest.

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