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(영문) 수원지방법원 2015.11.24 2015노5042
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Sexual assault, 40 hours against the defendant.

Reasons

1. In light of the gist of the grounds for appeal by the defense counsel (unfair form of punishment) is against the defendant, and the fact that each of the crimes of this case was committed, among the cases where a large amount of fraud was caused and economic difficulties was caused, and the victim C expressed its intent not to be punished by the defendant, and the victim C made efforts to change the damage, etc., the sentence of the court below which sentenced to orders to complete sexual assault treatment programs for 10 months and 40 hours is too unreasonable.

2. The judgment of the court below is against the mistake of the defendant, there is no record of criminal punishment for the same kind of crime, and the victim C expressed his intention that the defendant does not want the punishment of the defendant at the court below. The defendant deposited five million won for the victim C when the defendant was in the court below. In light of the motive and circumstance of each of the crimes of this case, circumstances before and after the crime of this case, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the records and arguments of this case, the character and conduct of the defendant, and the environment, the above argument is justified.

However, the defendant set up a mobile phone with a camera function in the "E" atmosphere in which he operated and taken clothes or clothes against the victim's will. The defendant's refusal of the defendant's request by the victim C while showing the images taken as above to the victim C, expressed his attitude that he would spread the above videos. However, although the victim C did not bring about the wind to report to the police, it did not go through the wind and did not commit it with the intent of the victim C's chest fright to the above intimidation, and she committed an indecent act by taking the chest's chest, which was fright to the above intimidation's chest, and it appears that the crime of each crime of this case is not good, and that the victim C suffered considerable mental shock and pain.

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