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(영문) 대전지방법원 2018.02.21 2017노3853
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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 punishment (eight months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too heavy or unreasonable.

2. The circumstances are favorable for the following: (a) the Defendant recognized the instant crime; (b) there is no record of criminal punishment for the same kind of crime; and (c) the video taken out is deemed not to have leaked to the outside.

However, the crime of this case is disadvantageous to the following circumstances: (a) the Defendant taken the sexually related video without the consent of the victim and made intimidation by using it; (b) the nature of the crime was bad; (c) the victim was sworn; and (d) it appears that sexual humiliation or mental impulse was considerable; (c) the victim was unable to agree with the victim; and (d) the victim was strongly willing to punish the Defendant; and (d) the victim was punished several times due to the crime of this case.

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.

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