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(영문) 대전지방법원 2016.12.21 2016노2582

공갈등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. It is recognized that there are favorable circumstances such as the defendant's timing to commit the instant crime and the fact that there is no record of punishment for sexual assault crime.

However, in light of the purpose and method of photographing dynamic images, etc., the crime is very heavy, and thus, it seems that the victim was suffering from sexual humiliation, and the victim actually demanded a large amount of money to the victim by using the dynamic image taken, and actually took money, and did not make any effort to recover from damage, and the defendant committed the crime of this case even though there was a history of punishment several times, it is reasonable to place the defendant with severe punishment.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after the crime, the lower court’s punishment is too unreasonable.

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