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(영문) 수원지방법원 2017.06.08 2016노6958
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defense counsel recognized a mistake and reflects the fact that the defendant was voluntarily receiving a mental treatment after the crime of this case, the sentence of the court below that sentenced a fine of 6,000,000 won and orders to complete a sexual assault treatment program for 40 hours is too unreasonable.

B. In light of the fact that the crime of this case committed by the Defendant by the public prosecutor is not good and that the risk of recidivism is high, the lower court’s punishment is too uneasible and unreasonable.

2. The crime of this case is not deemed to be proper, and it is not deemed to be unfair because the defendant taken the parts of the body of the damaged women, such as a bridge, etc. using the cell phone function in subway and high speed bus, and the victim F wishes to punish the defendant. Meanwhile, the defendant's mistake is recognized, and the defendant's age, sex, environment, degree of damage, motive and circumstance of the crime, and circumstances after the crime, and all of the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, degree of damage, motive and circumstance after the crime, etc. are considered as being taken into account. Thus, the above argument is without merit.

3. Conclusion, the appeal by the defendant and the prosecutor are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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