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(영문) 대전지방법원 2018.02.07 2017노3703
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (one year and six months of imprisonment, 40 hours of order to complete a sexual assault treatment program, and 3 years of order to disclose and notify personal information) is too unreasonable.

2. The circumstances are favorable to the fact that the Defendant recognized the instant crime and reflected, and that the photograph or motion picture taken is not leaked to the outside.

However, the crime of this case was committed by the Defendant’s bodily parts of the victims who could cause a sense of sexual shame by intrusion upon the residence of a large number of victims, and the crime of this case was not committed, and the crime of this case was committed again during the period of repeated crime due to sexual assault.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's 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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