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(영문) 수원지방법원 2015.05.28 2014노4954

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

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The defendant's appeal is dismissed.

"Completion of sexual assault treatment programs" in the judgment of the court below.

Reasons

1. In light of the gist of the grounds for appeal by the defense counsel (unfair form of punishment) and the fact that there is no past record of criminal punishment, the defendant committed each of the crimes of this case contingently under the influence of alcohol, the parent of the defendant's parents are leading the defendant, the defendant was subject to disciplinary action due to this case, and the victim was paid consolation money, the sentence of the court below that sentenced the defendant to complete the sexual assault treatment program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program

2. The crime of this case is not deemed to be unfair since the court below's punishment is too large even considering all the circumstances alleged in the grounds of appeal in light of the following: (a) the defendant taken the image of the victim's body in his body and transmitted it to his relatives; (b) the victim is punished; and (c) the victim wants to do so; and (d) the motive and circumstances of each crime of this case; (b) the circumstances before and after the crime of this case; (c) the degree of damage; and (d) other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the character and conduct of the defendant and the environment, etc.

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

However, in the judgment of the court below, the "Completion of Sexual Assault Medical Care Programs" is clearly stated in the order of the court below, and the "1. Order to complete" in the application of the statutes is an erroneous entry of "1. Order to attend a lecture", and such correction is ex officio made in accordance with Article 25 (1) of the Rules on Criminal Procedure.