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(영문) 서울동부지방법원 2017.08.10 2017노366
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not transmit the same text as the facts charged No. 1.

2) The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. The Defendant alleged the same purport in the lower court’s determination as to the Defendant’s assertion of mistake of facts, and the lower court stated and rejected the judgment. In light of the records, the lower court’s determination is justifiable.

Therefore, the above argument by the defendant cannot be accepted.

B. The Defendant’s denial of the crime and is against each other, as to each of the unfair arguments on sentencing.

Even though it does not seem, considering all the sentencing conditions shown in the pleadings of this case, such as the victim I was not punished, the defendant was the first offender, the age, sex, family environment of the defendant, the circumstances and results of the crime of this case, and the following circumstances, the court below's punishment is too heavy or is deemed unfair, and the above arguments of the defendant and the prosecutor are without merit.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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