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(영문) 부산지방법원 2018.05.18 2017노2472

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (an improper sentencing) of the lower court’s punishment (an amount of KRW 3 million, a sexual assault treatment program for 24 hours) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The fact that the Defendant recognized the instant crime is favorable to the Defendant.

However, the lower court appears to have determined the sentence in consideration of the above circumstances, and there is no change in circumstances that may be newly considered in the sentencing after the sentence of the lower judgment, and considering the following circumstances, the lower court’s punishment cannot be deemed to be unfair because it is too unreasonable for the lower court to have imposed the sentence too much, in light of the following: (a) the victim wants to punish the Defendant; and (b) the Defendant’s age, sex, environment, motive, circumstances, means, and consequence of the crime; and

The defendant's argument of sentencing is not accepted.

3. 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 groundless.