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(영문) 수원지방법원 2016.11.24 2016노3894
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the Defendant’s grounds of appeal (e.g., the Defendant’s mistake and rebuttals, the Defendant’s purchase of a super-small camera to take a part in volunteer service activities, not planned and purchased the instant crime, the victims expressed their intent not to want the Defendant’s punishment from the beginning of the investigation, and the Defendant is the recipient of basic livelihood, who is a person with a disability of class 3 and has no record of criminal punishment, the lower court’s sentence ordering the Defendant to complete a program for sexual assault treatment for 40 hours is too unreasonable.

2. The crime of this case was committed by the defendant, who was a volunteer of the victim E and F, who was aware of while engaging in volunteer activities in the cooperative Eul's own service, and committed an indecent act by force, such as saving the victim E and F, taking their shoulders and shoulders back, and taking a super-small camera in female toilets. The crime of this case is not appropriate for the victim D, who is a nurse of the hospital affiliated with the above union, to have taken a motion picture of the toilet at the toilet. The defendant first considered that the victim D would go to the toilet, and first considered that the victim D would go to the toilet, and then put the front-sized camera purchased in order to take the above victim, and then the victim was discovered to the victim D, and then the victim knew of the above camera out of the window, the victims expressed their intention not to want the punishment of the defendant during the investigation process, and the circumstances that the defendant had no record of criminal punishment before and after the court below's judgment, were already reflected in the criminal procedure records, circumstances surrounding the defendant's change in circumstances before and after the defendant's appeal.

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