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(영문) 울산지방법원 2021.02.18 2020노1277
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Sexual assault against the defendant for forty hours.

Reasons

1. The main sentence of the appeal is too heavy.

2. After a judgment of the lower court was rendered, the Defendant agreed with the victim D.

When considering the above reasons and the conditions of sentencing as stated in the reasons for sentencing, it is necessary to re-determine the sentence because the sentence imposed by the court below is too unreasonable because it is too unreasonable.

3. The judgment of the court below is reversed, and the following is decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence is as stated in each corresponding column of the judgment of the court below.

Application of Statutes

1. Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020; hereinafter the same shall apply) applicable to criminal facts and Article 14(2) and Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202; hereinafter the same shall apply) concerning each of the types of punishment (the provision of illegal photographing articles and the selection of punishment)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

1. The crime of this case for the reason of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act was committed by the Defendant’s taking pictures of sexual intercourse images, etc. with the victimized women, posted them to the Kakao Stockholm conference room. The crime was very poor that the Defendant committed a Kakao Stockholm conference in a low level language for the taken materials, the degree of exposure to the body of the victimized women appearing in the taken materials is serious. Although the Defendant agreed with the victim D, even though the Defendant did not confirm the identity of the victimized women, the Defendant was exposed to sexual intercourse images, etc. against the victim’s will even if they were taken to the extent that the face is recognizable and suffered very serious damage.

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