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(영문) 인천지방법원 2016.11.16 2016노1948

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of KRW 5 million, order to complete a sexual assault treatment program 40 hours, confiscation) is too unreasonable.

2. Although there are circumstances that may be considered in light of the circumstances, such as the fact that the defendant's mistake is recognized, the first offender, and the fact that the court below agreed smoothly with the victim, the crime of this case was taken pictures of the victim who was potential against the victim's will, and the nature of the crime is not less severe, and there is no special change in circumstances after the decision of the court below, and all the sentencing conditions in the records and arguments of this case, such as the defendant's age, character, character, occupation and environment, motive and circumstance of the crime, and circumstances after the crime, etc., are considered in light of the above circumstances favorable to the defendant, the sentence of the court below is too unreasonable.

Therefore, we cannot accept the defendant's above assertion.

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

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the phrase “1. Order to complete the program” shall be corrected to add “Article 70(1) and Article 69(2) of the Criminal Procedure Act before the order to complete the program.”