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(영문) 대전지방법원 2017.08.30 2017노27

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.

2. The circumstances are favorable for the following: (a) the Defendant recognized the instant crime; (b) there is no record of criminal punishment in addition to the suspension of indictment; and (c) the video taken out cannot be seen as being leaked to the outside.

However, the nature of the crime in this case is minor in light of the content and the method.

It can not be seen, and the fact that it is not agreed with the victim is disadvantageous.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.