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(영문) 대전고등법원 2013.11.13 2013노366
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of KRW 10 million, and a sexual assault treatment program of KRW 80,000) is too unreasonable.

2. As to the grounds for appeal, there are more favorable circumstances in determining punishment, such as the fact that the defendant recognized the fact of crime and divided his mistake into a crime, the fact that it appears to be a somewhat contingent crime, the time taken up and posted by immediately deleting the photographs posted in the Facebook, the victim did not want the punishment of the defendant, and the defendant has no specific penalty power, in addition to the minor fine imposed once.

However, the nature of the crime is poor, such as taking photographs against the victim's will and posting such photographs on the Internet space with very strong radio wave on the ground that the defendant does not have to meet the victim's will, and the police has damaged the cell phone with the intention of making the victim's cell phone not to have the physical photographs stored in the victim's cell phone.

In addition, considering the various circumstances, such as the age, character and conduct of the defendant, the circumstances leading to the crime, etc., which are the conditions for the sentencing as shown in the records and pleadings, the sentence sentenced by the court below is not judged to be too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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