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(영문) 광주지방법원 2017.01.11 2016노3398
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 imprisonment of two years and six months, the order to complete a sexual assault treatment program 80 hours, the disclosure of information three years, the confiscation) is too unreasonable.

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

2. The Defendant taken 17 instances from April 16, 2014 to November 2015 parts that could cause a sense of sexual humiliation of 12 victims.

In addition, the background of the photograph taken to avoid his identity exposure is deleted, and the crime is very poor by transmitting and threatening the above photograph to the victims using the false name Messenger account.

Although the victims seem to have suffered a considerable sense of sexual humiliation due to the crime of this case, they did not recover the damage or receive a letter from most victims.

On the other hand, the defendant recognized his mistake and is against his depth.

In the trial of the party, the victim G was smoothly agreed with the victim G and the victim G did not want to be punished by the defendant.

There is no criminal conviction or fine exceeding the same criminal record or fine for the defendant.

In addition, when comprehensively considering the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too heavy or is deemed unreasonable as it is too heavy. Therefore, the Defendant and the Prosecutor’s assertion are without merit.

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

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