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(영문) 서울서부지방법원 2018.01.11 2017노229

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months, the suspension of execution of two years, the community service work 160 hours and the order to attend a sexual assault treatment lecture 40 hours) is too unreasonable.

2. The defendant's mistake is recognized and there are no other circumstances to consider such as having no same kind of power.

In addition, not only the nature of the crime of this case is poor, but also the defendant did not receive a letter from the injured party, and there is no significant change in circumstances in the trial.

In addition, the defendant left Korea after filing an appeal and his location is not identified.

In full view of other circumstances, such as the Defendant’s age, sex, intelligence and environment, the background leading up to the instant crime, the means and methods of committing the crime, and the circumstances after committing the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too unreasonable, and thus, the Defendant’s above assertion cannot be accepted.

3. In conclusion, the defendant's appeal of this case is dismissed. It is so decided as per Disposition.