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(영문) 부산지방법원 2020.07.24 2020노1164
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)교사등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of five months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (five months of imprisonment, etc.) is too unreasonable.

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

2. The crime of this case is that the defendant had B transmit the video images of the victim who made a male-friendly arrest to the defendant's will, and the defendant has received money from the victim. In light of the circumstances and methods of the crime, the criminal liability is not provided against the victim.

The victim suffered a considerable sense of sexual humiliation and mental suffering due to the crime of this case, and continuously desires to punish the defendant.

However, the Defendant recognized all of the instant crimes.

The Defendant, along with the Defendant’s statement that the victim obtained the victim’s ice-related relationship with other women, had B send a video image to his branch in order to confirm the fact that he was to receive the victim’s fluor photograph by transmitting the victim’s fluor photograph. As such, the Defendant did not appear to have committed the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amera, etc.) with the victim’s active desire to spread the victim’s dynamic image at the time.

In the case of the crime of extortion, when the defendant thought that he suffered the same fraud as the prior citizens of the victim, he refers to the victim's self-definite video and demanded the return of the money for the purpose of returning the money that he received from the victim during the educational process, and there are circumstances to consider the circumstances leading to the crime, and the amount of the damage is the small amount of KRW 9.80,000.

Furthermore, the defendant has no record of being punished for a crime except for the suspension of indictment once.

In addition, the defendant's age, environment, family relations, motive of crime, means and result of crime, and all the sentencing conditions shown in the argument of this case, such as the circumstances after the crime.

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