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Cases
2014No290 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion), sexual harassment
Violation of the Act on Special Cases concerning the Punishment, etc. of Meritorious Crimes (Ameras and photographing)
Defendant
KaO000 CDs, Company Won
Nationality Uzbekistan
Appellant
Defendant
Prosecutor
The current roads (prosecutions) and the users (public trials)
Defense Counsel
Attorney Sung-sung (Korean)
Judgment of the lower court
Daejeon District Court Decision 2014Gohap32 decided June 12, 2014
Imposition of Judgment
October 6, 2014
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
The sentencing of the court below (the fine of KRW 10 million) is too unreasonable.
2. Determination
Along with the fact that the Defendant recognized the crime of this case and reflected the mistake, the Defendant appears to have committed a crime relatively contingent under the influence of alcohol, the degree of indecent act is relatively not serious, the Defendant immediately deleted the photographs stored in the cell phone immediately after the crime, and the foreign worker was living in good faith until now since entering around August 2010, and there is no record of criminal punishment, and there is a reason to consider the Defendant’s sentencing favorably.
However, in light of the fact that the crime of this case was committed by the Defendant on board a bus outside the city, and photographs the victim’s buckbucks that he was seated on the side by using the mobile phone camera, and the nature of the crime is not good in light of the circumstances of the crime or the method of the crime, and that the sexual humiliation and the mental shock of the victim who was ageed on the ground that the crime of this case did not take any measures for recovery of damage up to now, it is difficult to view that the sentencing of the court below is unfair because it is too too too large.
3. Conclusion
Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Judges
The principal offender (Presiding Judge)
Kim Jin-ray
Long-term Private Telecommunication