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(영문) 서울북부지방법원 2020.10.29 2020노1280
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant and the prosecutor) that the court below rendered against the defendant (one year of imprisonment, 40 hours of order to complete a program, and 3 years of restriction on employment) is too weak or unreasonable.

2. The lower court: (a) took account of the fact that shootings were posted on the bulletin board of an adult web site and were not only exposed to the nature of the crime, such as informing the victims of their personal information (personal information, etc.) to the needy; (b) the fact that the victims were likely to have suffered from the instant crime, which led to a very serious sense of sexual humiliation or mental impulse; (c) took account of the fact that the mistakes appear to be divided and reflected; (d) the agreement with the victims was reached with the victims; and (e) the primary offender, taking into account the favorable circumstances, the lower court sentenced the above punishment in consideration of the sentencing conditions under

Examining the record, the sentencing of the lower court appears to be appropriate, and there is no special change in circumstances that could change the sentencing of the lower court in the course of the trial. Therefore, the lower court’s punishment against the Defendant is too heavy or unreasonable.

The defendant and prosecutor's assertion of unreasonable sentencing are without merit.

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

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