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(영문) 대구지방법원 2015.01.08 2014노4048
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

For the defendant 40 hours.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (ten months of imprisonment, forty hours of completion of sexual assault treatment programs, confiscation) is too unreasonable.

2. The Defendant, while having been in an internal relationship with the victim, found the victim’s intent to arrange the relationship, and found the victim’s house and the place of work where the victim works, subsequently assaulting and threatening the victim several times, and even intimidation the victim’s father.

After taking a face of the sexual intercourse with the victim, the victim demanded the continuation of the relationship by threatening the victim to spread sexual dynamic images to his/her family members, and even though the victim was investigated by an investigative agency upon the victim's complaint, the victim's sexual intercourse was taken once again, and then the victim was exposed to sexual intercourse, and the nature of the crime and criminal situation are heavy, and the victim was exposed to serious mental suffering not only to the victim but also to the family members of the victim, and it is inevitable to punish the victim with severe punishment corresponding thereto.

However, there is no record of punishment for the same crime except for the defendant who has been punished once by a fine for violation of the Punishment of Violences Act in 1996, and there is no fact of criminal punishment exceeding a fine due to other crimes, and the defendant has led not to repeat the crime by reflecting the mistake in depth of the crime.

The defendant has been receiving treatment due to a recurrence of depression, water surface disorder, etc., and it seems that the victim continued to meet with his wife and resistant relationship, and the victim committed the other crime of this case, which led to the victim's extreme gathering, and that he did not spread the video images taken from the victim's sunset.

In the court below, for the victim, 3 million won was deposited in the court below, and the victim is seeking the defendant's wife by mutual consent with the victim and there are old and middle school students who have good health to support the defendant.

(2).

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