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(영문) 대구지방법원 2017.11.03 2017노3676
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a punishment of imprisonment with prison labor for one year, 80 hours ordered to complete a program, 3 years ordered to give public notice, confiscation) is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized all of the facts charged of this case and reflected his mistake, that the defendant agreed with F among the victims, and that the video recorded by the defendant did not spread. However, the defendant had a record of being subject to juvenile protective disposition once due to the same crime and the violation of special law on the punishment, etc. of sexual crimes (infringed places for sexual purposes), and the defendant began to commit the crime of this case without being aware of any serious progress, and even after the judgment of the court of first instance was sentenced, the defendant continued to commit the crime of this case, and the defendant continued to commit the crime after the judgment of the court of first instance was sentenced, and the risk of repeating the crime is considerably high, considering that the defendant continued to commit the above crime, the defendant's continued to commit the crime, and the defendant's attempt to commit the crime in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for which the judgment became final and conclusive. However, the court below's judgment seems to have determined the punishment of the defendant in consideration of such circumstances, and the defendant's age, environment, family relationship, and circumstances of this case.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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