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(영문) 수원지방법원 2017.04.20 2016노5808

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that there is no history of criminal punishment, Defendant suffering from liver disease, and Defendant expressed that Defendant voluntarily surrenders to investigation agencies after the instant crime, Defendant voluntarily surrenders to investigation agencies after the instant crime, and Victim F expressed his intent that Defendant does not want punishment, the lower court’s sentence that sentenced Defendant to order to complete sexual assault treatment programs for 2,00,000 won and 40 hours is too unreasonable.

B. In light of the fact that the crime of this case committed by the prosecutor was committed by the defendant by intrusion into female toilets in a dormitory and thus, it is not good to commit the crime of this case, and that the defendant taken the victim's appearance as a camera function rather than simply stealing it, and caused the secondary risk of spreading water by photographing it with the mobile phone camera function in his possession, it is unreasonable to impose the sentence of the court below too far.

2. Determination

A. The crime of this case with regard to the wrongful argument of sentencing is not likely to be committed by the defendant by consecutive intrusion into female toilets in the dormitory, by using the camera function inside the mobile phone to take the body, etc. of the victims, and the crime of this case seems to have significantly increased mental impulse and sexual humiliation caused by the crime of this case. At the time when the crime of this case was discovered to the victim F, the defendant is hiding his identity at the time when the crime of this case was discovered to the victim F, and it appears to have been accompanied by the police station. Meanwhile, the defendant's identity was revealed when he was discovered after the dormitory reduction was discovered at the request of the above victim, and it appears that he was accompanied by the police station. On the other hand, the defendant recognized his mistake, and there was no record of criminal punishment, and the victim F expressed that he does not want the punishment of the defendant, and the defendant suffers from liver disease.