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(영문) 광주지방법원 2017.01.11 2016노1897
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (7 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination of each of the instant crimes is an unfavorable circumstance where the Defendant took photographs of the victims’ legs, etc. using the mobile phone photographing function during the two months, and the Defendant did not agree with the victims or take any particular measures to recover damage until the trial of the case.

On the other hand, the fact that the defendant properly recognizes and reflects his mistake, and the degree of deliberation on sexual values resulting from each of the crimes in this case is significantly significant.

It is difficult to see that the defendant is the first offender who has no criminal history, and that persons, including the family members of the defendant, will take the action against the defendant, etc. are favorable circumstances.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too heavy or it is not deemed unfair as it is too heavy, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed 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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