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(영문) 의정부지방법원 2017.10.23 2017노1831
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an amount of KRW 5 million, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. In light of the relationship between the Defendant and the victim, the victim seems to have suffered a considerable sense of sexual humiliation.

However, in light of the following: (a) the Defendant appears to have led to the confession of the crime and the misunderstanding of the Defendant; (b) there is no record of criminal punishment; (c) the victim did not want the punishment of the Defendant by mutual agreement with the victim; (d) the lower court appears to have not considered this point; and (e) other various sentencing conditions in the record, such as the background of the crime, the circumstances after the crime, the age of the Defendant, and the sexual conduct, are too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime - Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction against the defendant on the crime committed in the judgment on the crime of sexual assault crime subject to the obligation to submit personal information under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is finalized, the defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to a related agency as prescribed in Article 43 of the same

disclosure order and.

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