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(영문) 수원지방법원 2016.07.14 2016노84

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant (unfair sentencing) recognizes the defendant's mistake and reflects the defendant's wrong, there is no record of criminal punishment, most of the defendant taken a dynamic image, such as the back and leg, etc. of women who are faced with the criminal punishment, and he was aware that women's face is not exposed, and the crime of this case was committed in a state of mental instability, and is committed with mental instability, and is under mental treatment due to depression, etc., and is responsible for the livelihood of the wife and children who will be born immediately. In light of the above, the court below's sentence that sentenced the defendant to order to complete the program due to sexual assault treatment for 200,000 won and 20 hours is too unreasonable.

2. The crime of this case is not deemed to be unfair because the court below's punishment is too large even in consideration of the circumstances alleged in the grounds of appeal, since the crime of this case is not deemed to be unfair, considering the motive and background of each crime of this case, the circumstances before and after the crime of this case, the degree of damage, the character and conduct of the defendant, environment and family relations, and other various matters provided in Article 51 of the Criminal Act, such as the defendant's personality and behavior, etc. as shown in the records and arguments of this case.

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

참조조문