(영문) 대구지방법원 2019.05.24 2018노4724 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2019.05.24 2018노4724

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

1. The prosecutor's appeal is dismissed.

2. An applicant for compensation order shall be dismissed;

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended sentence, confiscation, 40 hours of an order to attend a sexual assault treatment course, 2 years of employment restriction order) is too uneasible.

2. The judgment of this case is recognized that the defendant had taken the form of the victim who viewed the defense in the toilet, and that the nature of the crime is bad, that the number of victims due to the crime of this case is seven or more, that the victim did not agree with four victims, and that part of the screen pictures taken by the defendant to the principal.

However, it is also recognized that the defendant recognized all of the crimes of this case and reflected, agreed with three of the victims, there is no criminal record against the defendant, and that there is no fact that the video taken by the defendant by the crime of this case has been distributed to many and unspecified persons, and that it is also dismissed at the workplace of this case.

In addition, in full view of the following circumstances: (a) the Defendants’ age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc.; and (b) there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment; and (c) it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.

The applicant filed an application for a compensation order of KRW 10 million, but the amount of damage in this case, which is not a property crime, was not specified, so it is decided to dismiss it in accordance with Article 32 (1) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and it is so decided as per Disposition.

참조조문

-소송촉진 등에 관한 특례법 제32조 제1항 제3호

-형사소송법 제364조 제4항

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