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(영문) 수원지방법원 2015.01.22 2014노3559
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) the sentencing of the lower court (the amount of KRW 3 million, the amount of KRW 400,000 and the amount of 40 hours after the sexual assault treatment program) is too unreasonable.

However, there are circumstances favorable to the defendant, such as the fact that the defendant was the first offender, the fact that the defendant recognized the mistake, and reflects it.

However, each of the crimes of this case is that the defendant taken the body of female victims, such as the bridge and buckbucks, against their will, over 15 times, and in light of the contents, motive, frequency, etc. of the crime, the liability for the crime is not easy.

Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that an order to attend a course necessary for the prevention of recidivism or order to complete a sexual assault treatment program shall be issued concurrently for up to 500 hours, except in extenuating circumstances, where a court declares a guilty verdict (excluding postponement of a sentence) on a person who has committed a sexual crime, barring any special circumstance. There is no special circumstance for

The execution of orders to complete programs at a probation office may hinder the defendant's livelihood or workplace life due to the relationship between the execution of orders to complete programs at a daily working hours, but such de facto disadvantage arising from the execution of orders to complete programs shall be borne by the defendant.

In addition, considering all other circumstances that serve as the conditions for the sentencing specified in the instant case, the lower court’s sentencing cannot be deemed to be too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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