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(영문) 인천지방법원 2016.02.05 2015노4609
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (the imprisonment of eight months, the order to complete a sexual assault treatment program 40 hours, the confiscation) on the summary of the grounds for appeal is too unreasonable.

2. In full view of the circumstances favorable to the Defendant, including the fact that the Defendant both led to the confession and reflect of the instant crime, the fact that there was no previous conviction and no record of criminal punishment exceeding the fine, etc., but on the other hand, sexual crimes, etc. using the cellular phone with the function of the Kamermera have been frequently spreaded, which require severe punishment in society, and the nature of the instant crime is very poor in light of the background and content of the instant crime, the frequency and victims of the instant crime, and there were no particular measures to compensate for damage up to the trial, and the victims whose identity has been verified wanted to punish the Defendant, and other various sentencing conditions indicated in the theory of age, character, home environment, etc., such as the Defendant’s age, character, home environment, etc., are too unreasonable.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

1. Article 14-2(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010) and Article 14-2(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 201) (amended by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) among the relevant legal provisions and the selection of punishment for the crime, “Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012)” (Article 14-2(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes).

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