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(영문) 부산지방법원 2018.12.07 2018노3012
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in each case, two years of suspended execution of imprisonment with prison labor for six months, one year, one-year observation of protection, taking lectures to treat sexual assault for twenty-four hours, giving evidence 1 and 2 hours, and so on) is too heavy or too heavy (a prosecutor).

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

Each of the crimes of this case is an unfavorable circumstance where the body of five young female victims who had been placed in the Kamera function in the 15th time at the female toilet and the sloping room of the company where the defendant was working, and the body of five young female victims were taken in the 15th time. In light of the method of crime and the frequency of crime, etc., the crime is bad in light of the crime, the video materials taken by the defendant through the Internet, etc. are likely to spread to the unspecified number of people through the Internet, etc. In such a case, there is a high possibility of social criticism as the victims may be unable to recover, and the victims suffered considerable sexual humiliation and mental shock. Nevertheless, the defendant was not able to be taken from the victim F.

However, it is the primary offender who has no record of criminal punishment, the defendant's acknowledgement of all of his/her crimes, and the video materials taken by each of the crimes of this case were leaked to others or to the outside.

There is no circumstance to see that the defendant agreed with the victim G and I in the original trial, and the victim does not want to be punished against the defendant in the first instance trial.

The court below determined the punishment in consideration of all the above circumstances, and there is no change in the sentencing conditions that may be particularly considered in the trial.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., are the conditions of the punishment as shown in the instant records and arguments.

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