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(영문) 수원지방법원 2015.02.05 2014노7792

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) the sentencing of the lower court (three years of imprisonment, 40 hours of order to complete sexual assault treatment programs, and Confiscation) is too unreasonable.

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized the error and reflects it.

However, in light of the content, motive, frequency, means and method of each of the instant crimes, risk, victims' severe mental suffering, etc., the nature of the crime is very bad.

The defendant demanded that a woman in an internal relationship in 2008 who had been in a dispute be hedging, and even though he had been sentenced to two years of imprisonment with prison labor for the crime that causes a knife to knife the female, he again committed the crime of violation of the Punishment of Violence, etc. Act (a serious weapon, etc.) that causes an injury to the victim's head once due to be knife due to a knife's illness, the defendant again committed the crime of violation of the Punishment of Violence, etc. Act (a serious weapon, etc.) that causes an injury to the victim's head once due to a knife's illness.

Considering the fact that the defendant did not make efforts to recover damage to victims and all other circumstances that form the conditions for sentencing as shown in the instant case, the sentencing of the court below is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.