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(영문) 의정부지방법원 2020.01.09 2019노2969
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal each unfair sentencing (the original decision: Imprisonment with prison labor for a year and six months, and completion of sexual assault treatment programs for 40 hours, and confiscation);

2. The Defendant, as a result of hedging with the victim who was in a relationship with the victim, applied the victim’s pictures that cause a sense of sexual shame in group hosting, sent text messages that cause fears or apprehensions over several times, and up to four times in which the victim’s car was damaged.

Although violence and danger revealed in each of the crimes of this case are very high, the defendant was not yet able to receive a letter from the victim.

Considering these circumstances, it is necessary to punish the defendant strictly.

However, in full view of the favorable circumstances, such as the fact that the Defendant recognized all of the crimes in this case, and against the mistake, the fact that there is no record of punishment due to the same sex crime and the crime of destroying property, the fact that the victim’s photograph appears to have been deleted, and other various sentencing conditions in this case, such as the Defendant’s age, character and behavior, environment, health conditions, and the circumstances after the crime, the lower court’s punishment is deemed to be reasonable, and it is not deemed to be too weak or unreasonable.

Therefore, we do not accept each of the defendant and prosecutor's allegation of unfair sentencing.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and 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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