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(영문) 서울남부지방법원 2020.11.12 2020노1469
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the gist of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court, the Defendant asserts that the punishment is too unreasonable, and the prosecutor asserts that the punishment is too uneasible.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court rendered a sentence by taking account of the following: (a) the Defendant’s entire confessions of crimes; (b) the Defendant has no record of having been punished in the Republic of Korea; (c) the period for committing the illegal photographing of this case is long; (d) the nature of the crime is not good in light of the fact that the victim was multiple victims; and (e) the leakage of sex-related photographs with the victim who was in a relationship with the victim; and (e) the Defendant inflicted a larger mental pain on the victim by leaking out of the victim’

In full view of such circumstances and other factors as the Defendant’s age, character and conduct, motive, background, result, and circumstances after the crime, the lower court’s sentencing is not deemed to have exceeded the reasonable scope of discretion.

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, "child and juvenile-related institutions" in the 6th sentence of the judgment of the court below shall be corrected to "child and juvenile-related institutions, etc."]

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