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(영문) 수원지방법원 2015.04.30 2014노5639
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defense counsel is against the defendant's wrongness, and the defendant committed each of the crimes of this case in a contingent manner without the emotional adjustment due to the depression, and is receiving mental treatment, it is unfair for the court below to impose an order to attend the course of sexual assault treatment for 40 hours too much, in light of the following: imprisonment with prison labor for one year, two years of suspended execution, two years of probation, 120 hours of probation, 120 hours of community service, and 40 hours of sexual assault treatment.

2. The crime of this case is deemed to have been taken twice by the defendant, and the nature of the crime is not good, and the victims have not been recovered from damage until the trial. The defendant, on July 17, 2008, was sentenced to a suspended sentence of four years by the Busan High Court due to a special robbery at Busan High Court on July 17, 2008, and was sentenced to criminal punishment on several occasions. Considering the motive and background of each crime of this case, the circumstances before and after the crime, the degree of damage, and other various matters specified in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character and behavior and environment, all of the circumstances alleged in the grounds for appeal, the court below's punishment cannot be deemed to be too unreasonable. Thus, the above assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

However, according to the records, the judgment of the court below is obvious that there are some errors in the following, so the summary of evidence No. 5 of the "D" is corrected to "C".

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