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(영문) 의정부지방법원 2015.12.01 2015노2746

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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1. Of the judgment below, the part concerning each crime of No. 7 through No. 41 of the crime sight table as indicated in the judgment below shall be reversed.

2...

Reasons

1. The summary of the grounds for appeal (e.g., indubity) of the lower court’s punishment (i.e., a crime committed No. 1 to 6: a fine of three million won per annum: a fine of three million won per annum; a crime committed No. 7 to 41: imprisonment for eight months; confiscation; order to complete a sexual assault treatment program; 80 hours; order to disclose and notify personal information for two years) is too unreasonable.

2. Determination

A. As to the punishment for each of the crimes listed in the table of crime Nos. 1 through 6 in the holding of the court below, it is recognized that the defendant led to confession and reflects the crime of this case, the economic situation is not good, the defendant has no specific criminal history other than sentenced to six months of imprisonment with prison labor for the same crime, and the suspension of execution of two years. (2) However, the defendant repeats another kind of crime while being tried for the same crime, and the defendant takes a photograph of the defendant by inserting the cell phone image from the bus stop to the victim's end by putting it under the victim's end in a timely manner. In light of the interview and interview of the law, the nature of the crime is bad in light of the interview and planning of the law, it appears that the victims of the crime of this case would have been subject to considerable mental impulse, and even if the above punishment is too favorable to the defendant, the court below's sentencing conditions in the argument of this case, such as the defendant's age, circumstances in the crime, and circumstances after the crime, are considered too unfair.

3) Therefore, the defendant's above assertion is without merit. (B) The defendant was sentenced to 6 months of imprisonment for the same crime as of March 6, 2015, and 2 years of suspended execution. The defendant committed the same crime again during the suspended execution period, and as seen earlier, the nature of the crime is bad in light of the applicable criminal law, and the victims are expected to receive considerable mental impulse.