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(영문) 수원지방법원 2017.08.31 2017노14

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that a defense counsel (an improper sentencing against the judgment of the court below of the second instance) recognized a mistake and reflects the defendant, and that the defendant made efforts to prevent recidivism by voluntarily receiving a mental and medical treatment, etc., the sentence of the court of the second instance, which sentenced the order to complete a sexual assault treatment program for 8 months and 40 hours, is too unreasonable.

B. It is unreasonable for the court below to exempt the Defendant from an order to disclose the registered information without any specific reason, in light of the prosecutor’s (1) exemption order for disclosure disclosure (the court below’s decision No. 1 and the court below’s decision No. 2), the content of each of the instant crimes, possibility of recidivism, etc.

(2) In light of the fact that each of the instant offenses was committed by the Defendant using the camera function inside the mobile phone, and the physical parts, including subway platforms, of the victimized women in various places such as subway platforms (the judgment of the court below and the judgment of the court below No. 1 and the judgment of the court below), and that the Defendant’s possession of video files, which are obscene materials for children and juveniles, via the Internet, by downloading them into the Defendant’s computer (the judgment of the court below No. 2) is not good, and that the number of crimes and the number of victims are large and the victims are not compensated for damage, the court below’s judgment that sentenced the suspension of execution 2 years, the observation of protection, and the order to attend the lecture for treatment of sexual assault for 40 hours, and each of the above judgment of the court below No. 2 is unfair, since the Defendant’s punishment is too uneased.

2. We examine ex officio the grounds for appeal ex officio before determining the grounds for appeal.

The judgment of the court of first instance and the judgment of the court of second instance rendered against the defendant, and the prosecutor filed an appeal against the judgment of the court of second instance against the judgment of the court of second instance, and this court decided to hold concurrent hearings against the above two cases. Each of the crimes in the judgment of the court of second instance against the defendant is concurrent crimes as defined in the former part of Article 37