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(영문) 부산고등법원 (창원) 2016.07.13 2016노82
성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (three years of imprisonment, 120 hours of order) imposed by the lower court on the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Each of the instant crimes committed by the Defendant, following the victim D, who was in the third grade of a middle school, committed an indecent act by force against the said victim by threatening him with a lethal weapon from the Pacific stairs, and taken the chest, fry, etc. of the said victim by mobile phones. In addition, each of the instant crimes committed by the Defendant, at public toilets, stolen another victim F’s mobile phone from another victim’s cell phone and posted the aforementioned victim’s photograph or photograph taken by male and female in front of the said victim’s cell phone to H and I, and sent it to the victim’s relative. Not only was the victim’s h and I, but also it was difficult to recover the victim’s body and image from the victim’s body at a very unfavorable time against the victim’s wishes to 300 times repeatedly, such as the victim’s toilet, library, and sloping room. The Defendant, who installed a separate Handphone that did not have any sound in the future, made it difficult to see the victim’s body and image in advance.

However, all of the crimes of this case are recognized by the defendant, and the defendant has reached an agreement with the victim F.

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