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(영문) 의정부지방법원 2018.07.23 2018노206
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too uneasible to the extent that the sentence imposed by the lower court (a 10-month imprisonment with prison labor, 2 years of suspended execution, observation on protection, 40 hours of course required to prevent recidivism of sexual crimes, and confiscation) is too uneasible

2. The crime of this case is acknowledged that the defendant taken a video image against the victim's will to capture the image of the sexual intercourse with the victim, and then threatened the victim as if he were to spread it. The victim appears to have received serious mental impulses, the victim was not able to receive any tolerance from the victim until the victim was in the trial, and the victim wanted to escape the defendant's severe punishment.

However, in light of various circumstances, such as the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, the Defendant deposited KRW 10 million for the victim at the lower court, and the victim received the above deposit after the sentence of the lower judgment, the video recorded appears not to have been leaked externally, and the fact that there was no record of punishment for the same kind of crime in the past. Considering the following circumstances, the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, the method and method of the crime, as well as other circumstances, which are the conditions for sentencing as indicated in the argument and the records of the instant case, it is not recognized that the sentence imposed by the lower court is unfair because it is excessively uneasible.

3. The appeal by the prosecutor of the conclusion 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.

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