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(영문) 서울남부지방법원 2017.11.10 2017노1500
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one hundred months of imprisonment) is too unreasonable.

2. In full view of the circumstances that the court below rendered on the grounds of sentencing and all the sentencing conditions shown in the records and arguments of this case, it is judged that the sentence imposed by the court below is appropriate and is too unreasonable, and thus, the defendant's improper assertion of sentencing is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

However, in the application of the law of the lower judgment, it is apparent that “1. Aggravation of repeated crime: Aggravation of repeated crime: Article 35 of the Criminal Act” is omitted, and thus, it is corrected to add it ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure.

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