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(영문) 수원지방법원 2014.03.27 2014노421
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

[Judgment on the Reasons for Appeal] The sentencing of the court below (two months of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable.

The crime of this case on the ground that the crime of this case was destroyed by the victim's crime of intimidation and sexual intercourse against the victim's will that the victim was able to capture the victim's body and sexual intercourse, and assaulted the victim when the victim demanded hedging, or by threatening the victim by using a knife knife knife in front of the victim, and by threatening the victim, and not opening the door, the crime of this case on the part of the victim was destroyed by the victim's crime of this case. In light of the victim's mental suffering, the criminal liability of the defendant is not weak.

However, in light of the fact that the defendant agreed with the victim during the trial, that the defendant deleted the above body pictures and sexually related dynamics without spreading them, and the extent of violence and damage is minor, that the defendant has the time to live in prison while living in prison for four months in this case, that there was no record of punishment due to sexual crimes, and that there was no record of punishment since 190 except for a fine imposed once due to drinking driving in 2006, that the defendant's age, character and behavior, motive, means and consequence of the crime, and all other circumstances that are the conditions for the sentencing in this case, such as the circumstances after the crime, the sentencing of the court below is deemed unfair.

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Grounds for the judgment of multiple times] Criminal facts and summary of evidence recognized by the court are identical to the facts constituting the offense and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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