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(영문) 의정부지방법원 2016.12.13 2016노2778
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for six months, suspension of execution for two years, community service, 300 hours, and 40 hours of an order to attend sexual assault treatment lectures) of the lower court is too unreasonable;

2. Determination

A. It is recognized that the Defendant led to the confession and reflect of the instant crime, there is a family member to support the Defendant, and the family members or branch members of the Defendant want to have the Defendant’s wife against the Defendant.

B. However, even if the Defendant had been sentenced to a fine of two million won due to the crime of attempted indecent act by force in 2006, and was prosecuted for the violation of the Sexual Exposure Act in 201, and had received a decision of dismissal of prosecution by agreement, the Defendant again committed the instant sex offense, did not agree with the victim, and did not take any measures to protect the victim, and there was no special change in circumstances after the lower judgment was sentenced, and the Defendant’s age, details of the crime, and circumstances after the crime, etc. were taken into account, the lower court’s punishment is too unreasonable, even if considering the circumstances favorable to the Defendant as seen earlier, even if it is considered in light of the aforementioned circumstances favorable to the Defendant.

Therefore, the defendant's above assertion is without merit.

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

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