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(영문) 서울중앙지방법원 2013.08.21 2013노2281
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the first instance shall be reversed.

The sentence against the accused shall be 2,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds of appeal is unreasonable in light of the following: (a) there is no other type of criminal records similar to the judgment of the court; (b) the Defendant has a depth of his fault; (c) the physical part and frequency of his mistake; (d) the Defendant’s age and character, character and conduct, family form, motive and circumstance of the crime; and (d) various sentencing conditions as shown in the instant argument, including the circumstances before and after the crime, etc., it is recognized that the fine of KRW 7 million sentenced by the first instance court is too unreasonable

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 13(1)1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012); the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act aggravated concurrent crimes on January 1, 201; Articles 70 and 69(2)1 of the Criminal Act under the Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 201); Article 334(1) of the Criminal Procedure Act of the Confiscation Order of Provisional Payment (amended by Act No. 48(1)1 of the Criminal Act; Article 434(1) of the same Act provides that where a conviction of a defendant against a sexual crime subject to registration becomes final and conclusive, the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

However, the defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, and the expected side effects of the defendant's disadvantage.

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