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(영문) 인천지방법원 2017.07.07 2016노5214
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the amount of KRW 5 million, the amount of KRW 40,000, the amount of a punishment, the amount of a sexual assault treatment program program completed, the amount of confiscation) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant paid KRW 1,00,000 to the victim C; (b) the agreement with the said victim was made; (c) the commission of the instant crime did not cause actual damage to the victim; and (d) the Defendant did not have any criminal record against the Defendant.

However, the crime of this case is not a contingent crime, but a planned crime that has mobilized equipment to take a variety of women's body, and the nature of the crime is inferior, and it has not yet reached an agreement with other two damaged women, and it is seeking to punish the defendant.

In addition to the above circumstances, taking into account the following circumstances, the Defendant’s age, sex, occupation and environment, motive and background leading to the instant crime, and the circumstances after the commission of the crime, etc., the lower court’s punishment of KRW 5,00,000, which sentenced to a fine of KRW 5,000, is too unreasonable.

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.

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