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(영문) 서울중앙지방법원 2013.11.20 2013노3470
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the first instance shall be reversed.

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The summary of the grounds of appeal is unreasonable in light of the following: (a) the Defendant did not have any criminal records against the judgment of the court; (b) the Defendant repented his mistake; (c) the degree and frequency of the Defendant’s sexual desire or sense of shame; (d) the number of photographs taken; and (e) the Defendant’s age, character and behavior, career, home circumstances before and after the crime; and (e) the risk of re-offending, etc., the fine imposed by the court of first instance is somewhat unreasonable.

3. Accordingly, the defendant's appeal is accepted, and the judgment of the first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment is reversed, and the pleading is followed again

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 14(1)1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes: (a) a fine of 1,00,000 won to be suspended on January 1, 1, 194 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) a fine of 1,00,000 won to be imposed on a person under registration of a sex crime subject to registration; (c) Article 70 and Article 69(2) of the Criminal Act (50,00 won per day) of the Act on the Suspension of Sentence 1 of the Criminal Act (Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Personal Information (Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Persons

However, this court has a duty to suspend the sentence of the defendant, and the defendant has a duty to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when the suspended sentence of this case becomes invalidated in accordance with Article 61(1) of the Criminal Act.

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