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(영문) 대전지방법원 2016.08.17 2016노446
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (one year and six months of imprisonment, three years of probation, observation of protection, 40 hours of taking sexual assault treatment lectures, community service 120 hours) is excessive so that it is unfair, and the prosecutor argues that it is too unfasible and unfair.

2. The judgment of the accused continuously damaged the victim by photographing photographs that may cause a sense of sexual shame, impairing honor, and threatening several times. In light of the method, mode, frequency, etc. of the crime, the crime is bad, and the mental suffering suffered by the victim seems to be very great. Nevertheless, it is unfavorable for the victim to reach an agreement with the victim.

Meanwhile, it appears that the defendant was aware that he/she was aware of the fact that he/she was committing the crime of this case, and that he/she was sentenced to the punishment through the life of three months of detention, and that he/she would not repeat the crime without deceiving the victim again.

It is advantageous to the fact that there is no criminal conviction or fine in excess of the same criminal record or fine.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, background leading up to the commission of a crime, means and consequence of a crime, the circumstances after the commission of a crime, etc., the sentencing of the lower court is conducted within the reasonable scope of discretion, and it cannot be deemed that the lower court’s punishment was excessively light or unreasonable.

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

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

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