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(영문) 광주지방법원 2017.10.11 2017노3119
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 (six months of imprisonment, confiscation, and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

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

2. In light of the method, frequency, and circumstances, etc. of each of the instant crimes, each of the instant crimes is not good, and the Defendant, without being aware of it even during the period of probation, committed each of the instant crimes, is disadvantageous to the Defendant.

On the other hand, all of the crimes of this case are recognized by the defendant, and the fact that the defendant agreed with the victim C is favorable to the defendant.

In addition, there is no change in the sentencing conditions compared to the original judgment, and considering all the sentencing conditions specified in the records and arguments of this case, the lower court’s punishment is too heavy or unfluent so that it cannot be deemed unfair. Thus, the above assertion by the Defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per Disposition by the court below (Article 364(1)3 and Article 45(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1412, Dec. 20, 2016). However, considering the last act (Article 15 of the sentence of the court below) of the "registration and submission of new information" of the court below, the above registration period against the defendant is concurrent pursuant to Article 37 of the Criminal Act for a sex crime which causes personal information under Article 37 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and other crimes, the above registration period is not to be reduced for a long time period of registration against the defendant."

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