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(영문) 인천지방법원 2015.04.03 2015노170

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fine of KRW 6,00,000, and the completion of sexual assault treatment programs) of the lower court is too unreasonable.

2. The fact that the Defendant confessions and reflects the instant crime, the fact that there is no record of criminal punishment, etc., in favor of the Defendant, but the fact that the cellular phone with the function of a camera has become popularized and thus sexual crimes, etc. using the cell phone are frequently causing severe punishment. The instant crime is not unfair since the Defendant registered and openly displayed the victim’s photograph on the smartphone display bulletin board after the Defendant taken pictures of the victim’s body pictures, and the crime of this case is not good in light of the background and contents of the instant crime, the circumstance before and after the instant crime, the crime is not good. The victim appears to have suffered considerable mental pain due to the instant crime, and the victim was tried to have experienced strong punishment, and other various sentencing conditions indicated in the Defendant’s age, family environment, etc., and the Defendant’s age, family environment, etc. are considered to be too large and thus, the Defendant’s punishment against the Defendant cannot be deemed unfair.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.