logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.02.07 2017노3830
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (one year and two 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 heavy or unreasonable.

2. The circumstances are favorable, such as the fact that the Defendant recognized the instant crime and reflected, that the Defendant agreed with the victim D, and that the recorded video is not deemed to have been leaked to the outside.

However, the crime of this case was committed in a female toilet with the body part of five victims, who are deemed to be bleep, and the crime of this case was committed in such a way that the nature of the crime was poor in light of the content, form, frequency, etc. of the crime, the victim's remaining victims except the victim D, and the records of five times of punishment due to the crime of sexual assault (one time of punishment, four times of punishment), the repeated crime period due to the same crime, and the crime of this case was committed while attaching an electronic tracking device 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 may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, 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.

arrow