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(영문) 인천지방법원 2014.06.13 2014노909
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of a fine, and twenty-four hours of completion of a sexual assault treatment program) is too heavy or too low (the Defendant).

2. In full view of the following circumstances: (a) the Defendant confessions and reflects the instant crime; (b) the Defendant agreed with the victim in the trial; (c) the Defendant has no record of any particular criminal punishment; and (d) the instant crime was committed on female toilets to satisfy the sexual desire; and (b) the Defendant attempted to intrude the victim’s body to the victim, and to take the victim’s body into a mobile phone; and (c) other unfavorable conditions for sentencing as indicated in the records and arguments, such as the Defendant’s age and happiness environment; and (d) circumstances before and after the instant crime, etc., the sentence imposed by the lower court is not adequate, too heavy or less.

3. If so, the defendant and the prosecutor's appeal against the judgment of the court below are without merit. Thus, 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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