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(영문) 의정부지방법원 2016.09.20 2016노1248
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable for the lower court’s punishment (limited to four months of imprisonment, one year of suspended sentence, one year of confiscation, and 40 hours of an order to attend sexual assault treatment lectures).

2. Determination

A. It is recognized that the defendant led to confession and reflects the crime of this case, and that the defendant has no record of criminal records of the same crime or of punishment heavier than suspended execution.

B. However, the Defendant committed a crime of photographing the body of the victim during the course of the victim’s sexual intercourse, and the nature of the crime is not good, and the victim seems to have suffered a considerable sense of sexual shame due to the instant crime, the victim was not agreed with the victim, and no measures have been taken to avoid the victim, and there is no special change in circumstances after the decision of the lower court was made, and other circumstances, which form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, background of the crime, and circumstances after the crime, are considered in light of the above circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable, even if considering the above circumstances favorable to the Defendant.

Therefore, the defendant's above assertion is without merit.

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

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