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(영문) 인천지방법원 2018.06.08 2018노1119
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable. The punishment sentenced by the court below to the defendant (4 months of imprisonment, etc.).

2. The Defendant committed an indecent act against women at night around September 2016 and around October 10, 2016, and was placed in the place of suspended execution on three occasions. However, the Defendant was aware of the victim’s desire to take a part in the body of a minor female student who was in the subway Station Esplate used by many unspecified people during the suspended execution period, and committed the instant crime.

At the time of the police statement, the victim suffered school uniforms and school uniforms, but did not see what he was in his buckbucks, and the Defendant immediately escaped.

was stated.

On the other hand, according to the results of CCTV verification, even though there was no other person in Escopter, the defendant tried to capture the stairs up to the following parts of the victim after being sealed by the victim, and then tried to capture the body of the victim into the cellular phone.

In light of the statement of the victim's statement and the investigation report containing the result of CCTV verification, the defendant seems to have attempted to block the crime of this case by approaching the victim's behind the victim's behind knowing that the victim is a minor student.

In full view of these circumstances, the defendant is considered to be a person with very weak awareness of compliance and highly high risk of recidivism.

In addition, considering the various sentencing factors that were present in the argument of this case, even if considering the fact that the defendant agreed with the victim in this court, the sentence imposed by the court below is heavy.

It does not appear.

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

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