(영문) 부산지방법원 2021.01.15 2020노1695 | 리걸엔진

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(영문) 부산지방법원 2021.01.15 2020노1695

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (such as a punishment of KRW 3 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The circumstances favorable to the Defendant are that the Defendant recognized the instant crime, that is, the primary offender, and that the Defendant appears to have not leaked the images taken.

However, the crime of this case was taken four times in total by the defendant, and its nature is not good in light of the course, contents, frequency, etc. of the crime.

The degree of obscenity of the video taken by the defendant is serious, so if the victims of the obscenity become aware of these facts, it seems that considerable mental impulse and pain would be suffered, and the victim D is trying to strong punishment against the defendant.

In addition, considering the defendant's age, environment, family relations, motive of crime, means and consequence of crime, all of the sentencing conditions shown in the argument of this case, such as the circumstances after the crime, the sentencing of the court below against the defendant is deemed unfair and unfair.

The prosecutor's improper argument of sentencing is justified, and the defendant's improper argument of sentencing is without merit.

3. As the prosecutor’s appeal is well-grounded, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the decision shall be rendered again following the pleadings (inasmuch as the defendant’s appeal is without merit, but the judgment of the court below shall be reversed by accepting the prosecutor’s appeal, the order shall not dismiss the defendant’s appeal separately). 【The grounds used again for the judgment 【The facts constituting the crime and the summary of evidence recognized by the court as stated in the corresponding column of the judgment of the court below, and such facts and the summary of evidence shall be

Application of Statutes

1. Relevant legal provisions and the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Law No. 1045, May 19, 2020).

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

유사 판례

-수원지방법원 2016.05.19 2015노5102

-광주지방법원 2021.04.07 2020노808

-수원지방법원 2017.10.20 2017노4066

-수원지방법원 2017.09.01 2017노2502

-광주지방법원 2016.01.13 2015노1702