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(영문) 창원지방법원 2018.01.25 2017노2262
성폭력범죄의처벌및피해자보호등에관한법률위반(카메라등이용촬영)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) asserts that the Defendant’s punishment (amounting to KRW 3 million, completion of sexual assault treatment programs for 40 hours, and completion of evidence 1) of the judgment of the court below is too unreasonable, and that the prosecutor is too uneasible and unfair.

2. The judgment is based on the facts that the defendant led to the crime, the defendant's confession during the crime, and the victim's leg is highly exposed to the victim's leg in the club;

It is difficult to see that the photograph alone does not identify the victims, and there is no previous conviction, etc., and it is a favorable reason for sentencing, and there is no agreement with the victims.

In light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters regarding the sentencing as indicated in the records and arguments in this case, the judgment below’s punishment is determined to be appropriate, and there is no change of circumstances to be considered in the trial. Thus, the Defendant and the Prosecutor’s assertion is without merit.

3. In conclusion, the appeal filed 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 filed by the defendant and the prosecutor is without merit, and it is so decided as per Disposition (Article 364(4) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof is stated in the Act on the Punishment, etc. of Sexual Crimes, but this is deemed to be a clerical error in the Act on Special Cases Concerning

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