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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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Reasons
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(영문) 수원지방법원 2016.12.01 2016노6800
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A’s defense counsel reflects the wrongs of Defendant A through confinement life and the victim was unable to change damage in a foreign country, the sentence of the lower court that sentenced Defendant A to an order to complete a sexual assault treatment program for a period of 1 year and 40 hours is too unreasonable.

B. In light of the fact that the crime committed by the Defendants (as against the Defendants) is not good and the victim wants to punish Defendant A, the lower court’s punishment against Defendant A and the lower court’s punishment imposed on Defendant B and C with the order to provide community service for 2 years of suspended execution and 120 hours of imprisonment for each of the two years of suspended execution, is deemed unreasonable.

2. Determination

A. Defendant A proposed that Defendant A would withdraw money from the victim’s sexual intercourses and photographs with Defendant B and C by borrowing the victim’s sexual intercourses and photographs, and jointly with Defendant B and C, as if they were to spread the above images, etc., and thus, it is not very good that the above sexual intercourses and images were sent from the victim to Defendant B and C’s cell phone. Defendant A planned the crime closely in advance by taking the lead in the crime of this case and confirming the husband’s personal information in advance, etc. Defendant A planned to commit the crime; Defendant A did not suffer from the mental suffering of the victim of this case until the trial; Defendant A was punished against Defendant A; Defendant A’s wrong recognition is against Defendant A; Defendant A’s cash taking place from the victim; Defendant B and 20 million won was transferred from the victim to the victim’s cell phone; Defendant A did not have any specific motive and history of the crime; Defendant A’s personal history; and Defendant A was not subject to criminal punishment.

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