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(영문) 수원지방법원 2016.06.30 2015노7489

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the counsel (unfair sentencing) is as follows: (a) the defendant recognized the error of the defendant; (b) there is no record of criminal punishment; (c) the photographed video is not disseminated; (d) continuous volunteer activities and support activities for victims of sexual assault; and (e) blood donation and long-term gift commitment; (c) the completion of sexual assault education programs is voluntarily consulted; (d) the preparation of public officials' tests as a senior citizen in society; and (e) family members and branch persons have a social relationship of 3.5 million won and 40 hours have complained of the defendant's wife; and (e) it is unreasonable for the court below to impose an order to complete sexual assault treatment programs for a fine of 3.5 million won and 40 hours.

2. The crime of this case is not clear that the defendant taken the parts of the body part of the victims of his name in the subway station 15 times at the time of commuting, and the defendant committed several crimes on several occasions, not by contingent one time but by several victims, taking into account the motive and circumstances of each crime of this case, the situation before and after the crime, the degree of damage, and other various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character and behavior and environment as shown in the records and arguments, considering the circumstances alleged in the grounds for appeal, the court below's punishment is too excessive and unfair. Thus, the above assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

참조조문