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(영문) 수원지방법원 2017.01.12 2016노4779
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

The defendant's appeal is dismissed.

Reasons

In light of the following: (a) the defendant's appeal summary of the grounds for appeal by defense counsel (unfair sentencing) recognizes and reflects the error of the defendant; (b) contingently committed the crime of this case; (c) the victim did not take the victim's body or take photographs for the purpose of spreading them; (d) the victim expressed his/her intent not to have the victim punished; and (e) the defendant voluntarily completed sexual assault prevention education to prevent recidivism; and (e) the defendant did not have any record of criminal punishment, the sentence of the court below that sentenced the order to attend the education for sexual assault treatment for one year and forty (40) hours during the period of imprisonment with prison labor is too unreasonable.

Judgment

The crime of this case was committed by the defendant by intrusion into a female toilet and entering the roadside screen. The victim's appearance and her butt be seen to have been taken by a telephone camera carrying her part, etc., and the crime of this case seems to have occurred due to the crime of this case. The defendant deleted a file recording the victim's appearance in the face of the police officer, and deleted the file recording the victim's appearance in the face of the bar, and then did not enter the female toilet, and did not have a photograph the victim's appearance. After denying the crime, the defendant was found to have taken the fact only when the files deleted from the cell phone screen were restored, and the defendant was diagnosed by the front line, which was diagnosed on November 201, 201, and was exempted from the suspension of execution of imprisonment, but there were circumstances to the extent that it is not possible to cope with the suspension of execution of imprisonment or exemption from the sentence of imprisonment.

The circumstances alleged in the grounds of appeal are difficult to see, the court below already reflected in the factors of sentencing favorable to the defendant, and there are no special changes in circumstances that may be considered in the trial at the time, and other records of this case, including the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

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