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(영문) 대전지방법원 2015.10.07 2015노814
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 is unreasonable, because the punishment of the court below (a fine of 5 million won, completion of sexual assault treatment programs, confiscation) imposed on the defendant is too uneasible.

2. The circumstances favorable to the defendant are that the defendant led to the confession of the crime of this case and reflects his mistake, the victim's face and other parts are not taken, and that there is no record of sexual crime.

However, the defendant taken 328 times for five months of working as Maart staff, and the defendant taken Maarts of many unspecified victims. The crime is not very good, and the video taken by the defendant is sufficient to give a sense of sexual humiliation to the victims.

In addition, in full view of the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances before and after the crime, the court below's punishment is deemed to be too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[C] The summary of the facts of the crime of this case and the defendant's summary of the evidence of the crime of this case are the same as that of each corresponding column of the judgment of the court below, and they are cited as it is in accordance with Article 369

Application of Statutes

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes;

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of paragraph (2) of the aforementioned Article);

1. Social service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. To the accused who is obligated to register and submit personal information under Article 48(1)1 of the Criminal Act.

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