(영문) 대전지방법원 2020.07.22 2019노2332 | 리걸엔진

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자간(%)

(영문) 대전지방법원 2020.07.22 2019노2332

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (ten months of imprisonment, two years of suspended execution, and two years of suspended execution) is deemed to be too unhued and unreasonable.

B. The above sentence of the court below is too unreasonable.

2. In light of the contents and methods of each of the instant crimes, it seems necessary to impose strict punishment corresponding to the Defendant’s liability, taking into account the following factors: (a) the nature of the instant crime is not less than that of the victim in light of the victim’s mental impulses.

However, considering the following factors: (a) the Defendant committed the instant crime with no criminal history at all; (b) in light of the Defendant’s age, occupation, character and conduct, environment, motive and circumstance of the instant crime; and (c) all of the sentencing conditions indicated in the record, such as the Defendant’s age, occupation, character and conduct, the environment, motive and circumstance of the instant crime; and (d) the Defendant’s mistake is against the Defendant’s punishment by solely mutual agreement with the victim; and (e) appears to have not spread the photographed video.

It is too unreasonable rather than that.

3. In conclusion, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following decision shall be rendered after pleading, but the prosecutor's appeal shall not be dismissed as long as the judgment

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited 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 (amended by Act No. 15977, Dec. 18, 2018); Article 319(1) of the Criminal Act (a) and the selection of each fine for negligence;

1. The Criminal Act among concurrent crimes.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제14조 제1항

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