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(영문) 대전지방법원 2016.11.16 2016노1480

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the lower court’s punishment (one million won of fine and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. The circumstances to be considered, such as the Defendant’s time to commit the instant crime and the first offender with no record of criminal punishment, are recognized.

However, the defendant provided a third party who may know his identity with the victim's photograph, which resulted in a considerable risk of spreading the victim's photograph to many and unspecified persons, the victim seems to have received a considerable mental impulse due to the crime of this case, and the victim failed to reach an agreement with the victim, and the victim wanted to punish the defendant, the defendant's liability is not exceptionally imposed.

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.