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(영문) 울산지방법원 2017.11.24 2017노1200
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment, two years of suspended execution, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The grounds for appeal by the Defendant and the Prosecutor are also examined.

In full view of all the circumstances that are favorable to the defendant, such as the defendant's age, motive and circumstance of the crime, method of the crime, and consequence, etc., the punishment imposed by the court below is too heavy or unreasonable because the defendant's punishment is too heavy or it appears that the victim would feel a considerable mental impulse and sexual humiliation, etc. due to this case, and the defendant shows his attitude to recognize and reflect the crime. The defendant is the primary offender, and the victim does not want punishment against the defendant by mutual consent with the victim. In full view of all the circumstances that are favorable to the defendant, such as the defendant's age, age, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances before and after the crime.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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