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(영문) 서울서부지방법원 2020.06.01 2020노329
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment below

All parts of the defendant A and B shall be reversed.

Defendant

A. B. Imprisonment for eight months, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ respective sentences (e.g., Defendant A and B) sentenced by the lower court to the Defendants (e., 10 months of imprisonment, 2 years of suspended sentence in April, etc.) are too unreasonable.

B. The photograph of this case that the prosecutor (not guilty part against Defendant C) found not guilty of facts (not guilty part) by the lower court without regard to obscene materials, can be deemed as obscene materials sufficiently when viewed as obscene materials from the perspective of the average person of society, on the ground that the female victim’s face was taken by hand while leaving her face as a obscenity, and that such a obscenity can be seen as being sufficiently obscenity when seen from the perspective of the average person of society. The above judgment of the lower court erred by misunderstanding of facts. 2) The above sentence that the lower court sentenced to Defendant C by the lower court of unfair sentencing is too uneasible and unfair.

2. Determination

A. Defendant A’s instant crime of this case regarding Defendant A’s assertion of unfair sentencing is deemed to have taken the victim F’s self-defensor or the victim’s body G, the victim F and the victim’s sexual intercourses with the victim H, etc., which had been living in his house on five occasions, on five occasions. The crime is not good, and the victim’s mental suffering appears to have significantly incurred. The victims, other than the victim F, were not used from the victims, and the victims were not punished against Defendant A, and the victims were punished against Defendant A, etc. are disadvantageous to the Defendant A.

However, there are favorable circumstances, such as the fact that Defendant A acknowledges all of his mistake and reflects in depth, that the victim did not want punishment against Defendant A by mutual consent with the victim F, that the photographer appears not to have distributed externally, that the defendant A is a primary offender who has no record of criminal punishment so far, and that the above defendant's age, character and behavior, environment, motive, means, means, circumstances after committing the crime, etc., and all of the sentencing conditions shown in the arguments of this case are set forth therein.

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