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(영문) 의정부지방법원 2013.07.25 2013노1273
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment (five months of imprisonment and confiscation) by the court below on the gist of the grounds of appeal is too unreasonable.

2. Circumstances, such as the fact that the Defendant committed the instant crime by contingency and shocking, the fact that the Defendant agreed smoothly with some victims, the Defendant suffers from mental disease and treatment place, and the Defendant divided the Defendant’s mistake in depth, should be considered.

However, considering the circumstances such as the Defendant’s age, character and conduct, family environment, and circumstances after the crime, the sentence of the lower court against the Defendant is too unreasonable in light of all the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family environment, and circumstances after the crime, even though the Defendant had been serving the same kind of crime during the period of repeated crime, and the Defendant appears to have had the habit of sex offense, and it appears necessary to have the time to be separated from society for a certain period.

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

[However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, if the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is applied ex officio, and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is amended by Act No. 11556, Dec. 18, 2012].

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