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(영문) 서울중앙지방법원 2015.06.26 2014노4708
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining facts, the Defendant did not have taken the victim’s body body as stated in the lower judgment with the intent to photograph another person’s body, which may cause a sense of sexual shame.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. The facts found in accordance with the evidence duly adopted and investigated by the lower court and the trial court. In particular, at the time of the instant case, the victim was exposed to bucks by suffering a short bucks, and the Defendant took the victim’s body by particularly emphasizing the parts of the victim’s bucks, and taking the Defendant’s body by taking account of the Defendant’s location, angle, distance, image of the taken log, etc., the fact that the Defendant taken the victim’s body with the intent to photograph another person’s body that may cause a sense of sexual shame can be sufficiently recognized.

Therefore, Defendant’s assertion is without merit.

B. There are circumstances in which the defendant has no criminal history of the same kind of crime.

However, it is difficult to see that the defendant's mistake has been divided up to now, and he did not receive a letter from the victim.

In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable as it is too unreasonable.

Therefore, Defendant’s assertion is without merit.

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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