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(영문) 서울서부지방법원 2020.01.30 2019노1641
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (two months of imprisonment, 80 hours of order to complete a sexual assault treatment program, 5 years of confiscation, and 5 years of restriction on employment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We also examine the arguments of the Defendant and the Prosecutor.

The crime of this case was committed in a hole on the books, fixing a cell phone camera on the inside and outside of the part of the books, and taking the body of the victims by returning to subway stations, bus stops, etc., and the method of the crime of this case is planned and not guilty.

The Defendant, before committing the instant crime, was punished by a fine for violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”) by wearing a bucker in the form of a bucker in 2017, and photographing the bucker inside the bucker, which was punished by the Defendant, prior to committing the instant crime. In 2012, the Defendant was punished by a fine for violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (obscenity) by sharing the bucker with obscene images at

On the other hand, the defendant shows his attitude to accept and reflect all the crimes of this case.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive for the instant crime, period and frequency of the crime, and circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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