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(영문) 서울중앙지방법원 2013.12.20 2013노3866
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds of appeal is unreasonable. 2. It is difficult to see that the first instance court’s fine of three million won, which was sentenced to the defendant, is too heavy or unreasonable, considering the following comprehensively: (a) the defendant’s favorable sentencing conditions, such as the fact that the nature of the crime of this case committed by a female toilet user was not good; and (b) there is no criminal power against the defendant; and (c) the victim did not want punishment against the defendant; and (d) other factors of sentencing as indicated in the argument of this case, including the defendant’s age, character and behavior, family character, circumstances of the crime of this case, and circumstances after the crime, etc., the above arguments by the defendant and the prosecutor disputing this point are not acceptable.

3. Accordingly, we cannot accept all appeals filed by the Defendant and the prosecutor pursuant to Article 364(4) of the Criminal Procedure Act.

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