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(영문) 광주지방법원 2014.01.08 2013노2558
강요등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of probation, 80 hours of community service, and 80 hours of attending sexual assault treatment lectures in six months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The crime of this case was committed against the victim's will by photographing the chest and part of the victim's chest in a cell phone camera, and causing the victim to capture the above photograph, and thus sending it to the victim by photographing it, which is not good to the nature of the crime. The crime of this case seems to have been committed by the victim who is a minor, and the victim did not reach an agreement with the victim until this court, and the defendant again committed the crime of this case during the period of probation even if he received juvenile protective disposition two cases of crimes under similar veterinary laws around 2013.

On the other hand, the fact that the defendant recognized his mistake, and there is no record of criminal punishment, and that the court below deposited the 10 million won for the victim in the original trial is favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

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

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