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(영문) 서울남부지방법원 2018.04.26 2018노278
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

The second page of the lower judgment’s second page “Seoul around October 21, 2017:23:46” and “ October 23, 2017.”

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the Defendant recognized and reflected his mistake, and the Defendant committed the instant crime because of the gathering of military register that the Defendant would want to take on a female bridge, and the Defendant did not immediately delete and keep or spread the videos or photographs taken, and the Defendant would improve his wrong character and behavior through mental treatment, etc. in the future.

Considering the fact that the court below's sentence (one year of imprisonment, 40 hours of order to complete sexual assault treatment programs, confiscation) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, ① the crime of this case was committed in bad quality in light of the method, period, frequency, etc. of the crime, ② the Defendant had four identical criminal records (two times of punishment, two times of suspended execution, one time of suspended execution), and the Defendant started to commit the crime of this case again during the period of a repeated crime, which is only seven months after having been sentenced to imprisonment for the same crime for six months and completed the execution of the punishment for the same crime; ③ the Defendant continues to repeat the crimes of this case from around 2012 every year; ③ the Defendant has been continuously committed the same kind of crime from around 2012, and even though there were several opportunities to correct his wrong character and behavior by the prior action of a fine or a suspended execution, it is doubtful whether the Defendant’s reflectness or treatment was genuine, ④ other circumstances, ④ the Defendant’s age, intelligence, victim’s motive, motive, and other reasonable scope of punishment after taking into account the circumstances of the crime of this case.

3. As such, the Defendant’s appeal is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.

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