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(영문) 대구지방법원 2019.11.29 2019노2413
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

3.Provided, That it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible that the sentence (a fine of five million won, a fine of forty million won, an order to complete a sexual assault treatment program; confiscation) imposed by the Defendant is too unfasible.

2. It is recognized that the defendant recognized the crime of this case and reflects it, and that the photographer is not leaked to other places, and that the defendant has no criminal conviction.

However, the crime of this case is found to have been taken by unspecified women using his mobile phone camera in women's toilets used by the defendant, and the crime of this case is very bad, and the victims are likely to feel a big mental shock and sexual humiliation, and the victim is about four persons, and it is recognized that no agreement has been reached.

In addition, considering the various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, etc., the sentence imposed by the court below is considered to be unfair because the sentence imposed by the defendant is too uneasible.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

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

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. To be subject to the registration and submission of personal information under Article 48(1) of the Criminal Act;

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