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(영문) 서울남부지방법원 2018.04.27 2017노2620
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (1) Although the Defendant had committed the instant crime with mental and physical weakness due to severe depression, network-based accidents, etc. at the time of the instant occurrence, the lower court erred by misapprehending the foregoing.

(2) The punishment of the lower court (referring to six months of imprisonment, 80 hours of order to complete a sexual assault treatment program, confiscation, etc.) is too unreasonable for sentencing.

2. Determination

A. According to the record as to the assertion of mental weakness, at the time of the occurrence of the instant case, the Defendant appears to have shown the symptoms of the stimulic mental disorder in the stimulic stimulic stimulic stimulic stimulic stimulic stimulic stimulic stimuls, but the Defendant’s above symptoms can be assessed to be equal to those of the initially significant mental disorder, and there was lack ability to discern things or make decisions at the time of the instant crime.

It is difficult to see this part of the defendant's assertion.

B. As to the unfair argument of sentencing, the court below judged that the sentence imposed by the defendant is appropriate and is too unreasonable, since the defendant's unfair argument of sentencing is too inappropriate in full view of all the sentencing conditions in the records and arguments of this case including the circumstances in which the court below committed the crime of this case without being aware of the fact that the defendant committed the crime of this case during the period of suspension of execution due to the violation of the Child Reinstatement Act (sexual harassment as to a child) (the crime of this case was committed, the defendant has already been punished for the suspension of execution of imprisonment with prison labor due to the same kind of crime, and the defendant already committed the crime of this case. Meanwhile, there is no reason for the defendant's wrongful argument

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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