(영문) 울산지방법원 2016.11.10 2016노1093 | 리걸엔진

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(영문) 울산지방법원 2016.11.10 2016노1093

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The court below's scope of trial against the defendant was dismissed with respect to intimidation and convicted of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras).

However, since both the Defendant and the Prosecutor appealed only the guilty portion of the judgment below and did not appeal the dismissal of prosecution, the dismissal of prosecution in the judgment below became final and conclusive as it is.

Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.

2. The summary of the grounds for appeal (five months of imprisonment, one year of suspended execution, and 24 hours of taking the sexual assault therapy) of the lower court is too minor or unreasonable;

3. The crime of this case is an unfavorable circumstance to the defendant that, without consent, the body of the other party was taken using a camera without consent, and the nature of the crime is not good, and that the victim was deemed to have suffered severe mental impulse due to the crime of this case.

However, in full view of all the circumstances, including the fact that the Defendant recognized the instant crime, the first offender who has no record of the crime, the fact that the Defendant appears to have committed the instant crime by contingently in the process of determining the crime with the victim, the fact that the Defendant agreed with the victim, the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, and the circumstances before and after the instant crime, etc., and the sentencing conditions in the instant case as shown in the trial process, are not deemed to be too heavy or unreasonable, and therefore the Defendant and the prosecutor’s above assertion are without merit.

4. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

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