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(영문) 광주지방법원 2018.05.30 2017노4283
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the penalty amounting to KRW 10 million, the order to complete a sexual assault treatment program for 40 hours, the order to complete a sexual assault treatment program for 40 hours) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents in 2000, with the exception of the sentence of a fine of KRW 7 million, and there is no other penalty power; and (c) the victims of the intrusion into a structure and the victims exposed to their personal information.

However, the crime of this case is committed under the circumstances unfavorable to the defendant, such as the fact that many victims have taken a face where they view the defense in the toilet for a long time against their will, and the nature of the crime is not good. In full view of various sentencing conditions as shown in the argument of this case, such as the defendant's age, sex, environment, etc., the punishment of the court below is too heavy or is not deemed unfair, and thus, each of the above arguments by the defendant and the prosecutor are without merit.

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

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