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(영문) 의정부지방법원 2020.01.16 2019노2572

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The lower court dismissed the prosecution of intimidation among the facts charged in the instant case, and convicted the remainder of the facts charged.

However, the defendant and prosecutor appealed from the judgment of the court below on the grounds of unfair sentencing as to the conviction portion, and the dismissal portion of the prosecution is dismissed by all the defendant and prosecutor, and the above dismissal portion in the judgment below became separate

Therefore, the scope of the court's judgment is limited to the judgment of conviction.

2. Summary of grounds for appeal each unfair sentencing (two years of imprisonment, 40 hours of completing sexual assault treatment programs, 10 years of confiscation, and 10 years of employment)

3. The Defendant, on seven occasions, took photographs of the victims’ sexual intercourses against their will, and committed fraud for which one of them does not pay a call after sexual traffic.

In light of the contents, circumstances, etc. of each of the crimes in this case, the nature of the crime is very poor.

In addition, even though the defendant had been sentenced several times for a sex offense of the same kind, he committed each of the crimes of this case.

Considering these circumstances, it is necessary to punish the defendant strictly.

However, in full view of the favorable circumstances such as the defendant's recognition of all of the crimes in this case and against mistake, the victim's name and agreement, and other various sentencing conditions in this case, such as the defendant's age, character and conduct, environment, health conditions, and circumstances after the crime, the lower court's punishment is deemed appropriate, and it is not deemed too somewhat somewhat somewhat weak or unreasonable.

Therefore, we do not accept each of the defendant and prosecutor's allegation of unfair sentencing.

4. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the judgment of the court below is in accordance with Article 25 of the Regulation on Criminal Procedure.