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(영문) 부산지방법원 2016.06.03 2016노430
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the defendant is too unfasible to the punishment (five million won in penalty, confiscation, and order to complete sexual assault treatment programs for 80 hours) of the original judgment, and that the prosecutor is too unfasible and unfair.

2. The Defendant committed the instant crime at the time when one month has not passed since the Defendant was suspended from indictment for the same crime, and the victim appears to have suffered sexual humiliation and mental shock due to the instant crime, etc. are disadvantageous to the Defendant.

However, it seems that there is no additional damage, such as the fact that the defendant reflects the mistake of the defendant, that there is no record of crime exceeding the fine for the defendant, that the victim does not want the punishment of the defendant by agreement with the victim, and that the photograph taken by the victim by removing the photograph taken is disseminated.

In full view of such circumstances and other circumstances, the Defendant’s age, sexual conduct, environment, the background and motive leading up to the instant crime, and all other factors pertaining to the sentencing as indicated in the instant records and arguments, it does not seem that the lower judgment’s punishment is too heavy or unreasonable.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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