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(영문) 전주지방법원 2018.03.29 2017노1706
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine each of the Defendant and the Prosecutor’s arguments below judgment.

The crime of this case is committed by the defendant against the victim's will, and the victim's body is threatened with threat as if the above photographs, etc. were disseminated. However, the crime of this case is committed by the defendant as if the defendant were to capture the victim's body, but the victim expressed his intention that he would not want punishment for the victim when the victim was seriously endeavored to recover the victim's damage. The defendant led to the confession and reflect of the crime of this case, the defendant did not have any criminal record, and the defendant did not have any criminal record, and other circumstances, including the defendant's age, sex, environment, motive and means of the crime of this case, relationship with the victim, and circumstances after the crime, etc., which are the conditions of the argument of this case and the sentencing specified in the records are inappropriate.

Therefore, the defendant's improper argument of sentencing is accepted, and the prosecutor's improper argument of sentencing is not accepted.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the decision is rendered again after pleading (in the event that the prosecutor's appeal is rejected but the defendant's appeal is accepted and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed separately in the order). The summary of criminal facts and evidence against the defendant recognized by the court is identical to the description corresponding to each corresponding column of the judgment of the court below. Thus, it is accepted in accordance

Application of Statutes

1. Article 14(1) (a) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Crime, Article 14(1) (a) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment of Sexual Crimes, and Article 283(1) of the Criminal Act (a) of the same Act

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