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(영문) 창원지방법원 2018.01.18 2017노2724
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the defendant asserts that the punishment (five million won in penalty, 40 hours in completion of sexual assault treatment programs, confiscation) of the lower judgment is too small, and that the prosecutor is too unfasible and unfair.

2. Determination as follows: (a) the Defendant made a confession of his/her crime and reflects his/her mistake in depth; (b) the Defendant paid 3 million won to two victims whose personal information has been confirmed; and (c) the primary offender is favorable; and (d) the Defendant committed the instant crime from May 10, 2017 to the same year.

6. Until 113 times until 18. As the body part of the victims was taken against their will during 113 times, the fact that the nature of the crime is not good is unfavorable.

In full view of all the above sentencing factors, considering the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other factors pertaining to the sentencing indicated in the records and arguments on the change of circumstances, the judgment of the court below’s punishment is deemed appropriate and there is no change of circumstances to be considered in the trial, and thus the Defendant and the Prosecutor’s assertion is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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