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(영문) 창원지방법원 2017.03.23 2016노2599

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (the suspended sentence of 1 year, 40 hours, 1, 2 days, 1, 2) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. Determination is based on the following facts: (a) the Defendant made confession of the offense while making a confession; (b) the victim B does not want the Defendant’s punishment by mutual consent with the victim B in the trial; (c) the victim B does not want the Defendant’s punishment; and (d) the victim’s name was not given consent with the victim’s name was not given; and (c) the fact that

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the offense, and all other matters on the sentencing indicated in the records and arguments of this case, the sentence of the lower judgment is deemed reasonable, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition.