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(영문) 대구지방법원 2016.09.30 2016노2938
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (the imprisonment of eight months, 40 hours, and Confiscation) is too unreasonable.

B. It is unfair that the above punishment sentenced by the court below by the prosecutor is too unfluent and unfair, and it is also improper that the court below did not issue a disclosure or notification order to the defendant.

2. As to the unlawful argument of sentencing by the Defendant and the prosecutor, the instant case is deemed to be less that the Defendant taken the body of the victim, threatened the victim to disclose the body photo of the victim if the Defendant did not comply with the request after taking the body of the victim, taking the victim’s body back, taking the victim’s body back, and making the victim’s body photo open to the public, and actually transmitting the body photo to the victim’s will.

Although it is not reasonable to view all the facts charged in this case, the defendant recognized his mistake in depth, the defendant agreed with the victim, the defendant seems to have no particular criminal history, the defendant's life in prison for more than five months since he was detained by the crime in this case, and other circumstances shown in the records and arguments of this case, such as character, character, environment, family relationship, and circumstances after the crime, the sentence for eight months sentenced by the court below is too unreasonable. Furthermore, in light of the various circumstances that the court below decided, the court below's failure to issue an order of disclosure and notification cannot be deemed unfair. Thus, the prosecutor's assertion is without merit, and the defendant's assertion is justified.

3. In conclusion, the prosecutor's appeal is without merit, but the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is again decided after pleading ( insofar as the defendant's appeal is accepted and the judgment of the court below is reversed, the prosecutor's appeal is not dismissed separately).

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