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(영문) 인천지방법원 2015.02.11 2014노4998

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, 80 hours of completion of sexual assault treatment programs, confiscation) is too heavy or too low (the Defendant).

2. The Defendant, who had become aware of sexual intercourse with the victim who had been engaged in sexual intercourse four times, taken pictures of sexual intercourse with the victim who had been sentenced to suspension of execution of three years, and committed the instant crime of intimidation as if the victim refused sexual intercourse would spread his sexual intercourse. Furthermore, the Defendant committed the instant crime of intimidation as if the victim did not follow his direction. In light of the circumstances leading to the instant crime and the content thereof, and the method of crime, etc., the crime was considerably poor; the victim was deemed to have suffered serious mental pain due to the instant crime; the result of the instant crime is not easy; the Defendant, even around 2003, threatened the minors to commit sexual assault, such as committing a sexual assault, which had the same criminal records of the same kind sentenced to suspension of execution of four years; the Defendant, on the other hand, led to the confession of all the instant crime and reflects the age of detention by committing the instant crime; on the other hand, it appears that the Defendant’s sexual intercourse with the Defendant’s sexual intercourse without any specific circumstances before and after suspension of execution, appears to have been relatively high enough for the victim’s sexual relationship.

3. If so, the defendant and the prosecutor's appeal against the judgment of the court below are without merit. Thus, the appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so ordered.