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(영문) 부산지방법원 2017.12.15 2017노3598
성폭력범죄의처벌및피해자보호등에관한법률위반(카메라등이용촬영)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment for six months, the completion of 40 hours in sexual assault treatment programs, and the sunset number No. 1) is too unreasonable.

2. It is recognized that the defendant's mistake was recognized, and that the defendant has no particular criminal record in addition to his/her previous punishment of a fine for a long time.

However, by abusing the victim's photo that the defendant acquired to maintain improper relations with the victim, there was no agreement with the victim, and there was no crime committed even if the defendant sent the victim's text message to threaten the victim, to repeatedly uneasiness, and to transmit the above photograph to the victim.

In addition, considering other circumstances such as the defendant's age, sex, environment, relationship with the victim, and motive of the crime, the sentence of the court below cannot be deemed to be unfair because the sentence of the court below is too large.

Therefore, the defendant's argument of sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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