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(영문) 광주지방법원 2017.05.24 2017노1048

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (five months of imprisonment, 40 hours of sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant, while making a confession of each of the crimes of this case, reflects his mistake in depth, and the fact that the victimized person does not want the punishment of the Defendant by agreement with the injured party is favorable.

On the other hand, the defendant, against the victim's will, has taken a sexually related dynamic image, and threatened the victim who wants to take the dynamic image several times as if he were to spread the dynamic image. The nature of the crime is not good, the victim seems to have suffered a very large mental impulse due to each of the crimes in this case, and the defendant committed each of the crimes in this case without being aware of it during the repeated crime period due to fraud.

In addition, when comprehensively taking into account the circumstances leading up to each of the crimes in this case, the circumstances after the crime, the Defendant’s environment, etc., and the various sentencing conditions indicated in the records and arguments in this case, the lower court’s punishment is too heavy or is deemed unfair. Therefore, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.