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(영문) 서울중앙지방법원 2018.03.23 2018노150

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of five months, the order to complete a sexual assault treatment program for 80 hours, the confiscation) is too unreasonable.

2. The fact that the judgment defendant recognized all of the crimes of this case and reflected, and has been making efforts to prevent recurrence is favorable to the defendant.

However, in full view of all the sentencing conditions on the records and arguments of this case, considering the fact that the Defendant had already been punished three times for a fine for the same crime (the Defendant was subject to prior punishment for a criminal act during the period of suspension of execution one of them) and that there was no special circumstance or change in circumstances that may be newly considered in the appellate court, the Defendant committed the instant crime, even though he had already been punished for a fine for the same crime, and that the Defendant exceeded the scope of reasonable discretion because the sentence imposed by the lower court is too unreasonable.

subsection (b) of this section.

Therefore, the defendant's assertion is not accepted.

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