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(영문) 부산지방법원 2016.06.24 2016노1395

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant

B All appeals against the Defendant A by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A, the sentence of the lower judgment (a year of imprisonment, a suspended sentence of three years, and an order to attend a sexual assault treatment program for 40 hours) is too uneased and unreasonable.

B. As to Defendant B, the sentence of the lower judgment (an order to attend a sexual assault treatment program with a prison term of one year and two months and forty hours) is too unreasonable.

2. Determination

A. As to Defendant B’s wrongful assertion of sentencing, Defendant B appears to have the attitude of recognizing the crime of this case and understanding his mistake, Defendant B made efforts to delete the video that he operated, Defendant B did not have any history of punishment for the same kind of crime, Defendant B did not have any history of crime exceeding the fine, Defendant B did not have any history of crime exceeding the fine, and the victims did not want the punishment of Defendant B upon agreement with some victims.

However, each of the crimes of this case is that Defendant B, without the consent of the victims, photographs of sexual intercourses with the victims of the crime list (2) attached to the judgment of the court below without the consent of the victims, and Defendant A displayed the sexual intercourses taken by Defendant A without the consent of the victims of the crime list (1) attached to the judgment of the court below in the manner of operating it on the Internet website, and its nature is not very good. The sexual humiliation and mental suffering suffered by the victims of the crime of this case seems to be considerable, and in full view of Defendant B's age, sexual behavior, environment, the background and motive leading up to the crime of this case, and all other matters concerning the sentencing as shown in the records and changes theory of this case, the punishment of the court below is too unreasonable. Thus, Defendant B's assertion of unfair sentencing is without merit.

B. The crime of this case against the prosecutor's argument of unfair sentencing as to the defendant A by the defendant was committed without the consent of the victims, and the crime of this case is likely to be committed by the defendant A to photograph the sexual intercourse with the victims of the crime list (1) attached to the judgment below.