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(영문) 부산지방법원 2020.08.14 2020노27
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence of the lower court (a fine of eight million won, etc.) is too unreasonable.

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

2. Determination

A. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances of the Defendant’s Defendant’s assertion of unfair sentencing.

In full view of all the circumstances that serve as conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the sentence of the court below.

In addition, even in full view of the sentencing factors revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentencing is too heavy or it does not seem to have exceeded the reasonable scope of discretion.

The defendant and prosecutor's assertion of unreasonable sentencing is without merit.

B. In this case, determination of ex officio on an employment restriction order under the Act on Welfare of Persons with Disabilities shall be made pursuant to Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) of the Act on Welfare of Persons with Disabilities. It is determined that there are special circumstances that the Defendant may not issue an employment restriction order for welfare facilities for the same reason as the lower court stated in the exemption

Therefore, the defendant is exempted from the employment restriction order of the welfare facilities for the disabled pursuant to the proviso of Article 59-3(1) of the Welfare Act

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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