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(영문) 의정부지방법원 2019.01.14 2018노3141
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of mental and physical illness, the Defendant was in a state of mental and physical disability due to shock disorder, cerebral tension, etc.; 2) The punishment sentenced by the lower court of unfair sentencing (one year of imprisonment, 40 hours of completing sexual assault treatment programs, 3 years of confiscation, and 3 years of employment) is too unreasonable.

B. The above sentence imposed by the court below is too uneasible and unfair.

2. According to the records of the judgment on the defendant's claim of mental suffering, the defendant is deemed to have suffered from shock disorder, cerebrovascular disorder, etc., but in light of the circumstances and methods leading to the crime of this case, the defendant's horses and actions before and after the crime of this case, etc., it does not seem that the defendant lacks the ability to discern things or make decisions due to the above disability at the time of the crime of this case. Thus, the defendant's claim of mental suffering is rejected.

3. It is recognized that the defendant recognized his/her mistake and reflects on the argument of unfair sentencing by the defendant and prosecutor.

However, the crime of this case was taken by the victim's body at the house located adjacent to the building in mobile phones, and the defendant planned the crime of this case in advance, such as physical coloring the place of the crime through an answer in advance, and the victim appears to have suffered considerable mental impulses due to the crime of this case, and the defendant did not receive a letter from the victim until the trial, and the defendant was punished for the same crime of this case. In particular, the fact that the defendant committed the crime of this case even though he was punished for a repeated crime due to the crime of intrusion upon residence in the judgment of the court below, the defendant did not have any special circumstances or changes that can be newly considered in the sentencing after the sentence of the court below, and the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and means and means of the crime of this case.

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