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(영문) 수원지방법원 2016.12.08 2016노3936
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by defense counsel, the sentence of the court below that sentenced the defendant to complete the sexual assault treatment program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program

2. The crime of this case is not deemed to be committed by the victim, who had been a previous pet of the defendant, sent several and two dynamic images, such as the victim's her relative and her cellular phone, and the victim expressed his intention not to want the punishment from the investigation process, and the circumstance that there is no record of criminal punishment by the defendant was already reflected in the grounds for sentencing favorable in the court below, and there is no special change of circumstances that are considered in the sentencing at the court below, taking into account all the conditions of sentencing as stipulated in Article 51 of the Criminal Act, which are shown in the records and arguments of this case, including age, character and behavior, environment, motive and circumstance of the crime, and circumstance before and after the crime, etc., the court below's punishment is too unreasonable even if considering the circumstances alleged in the grounds for appeal. Thus, the above assertion is without merit.

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

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