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(영문) 서울서부지방법원 2015.11.12 2015노1225
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy in the lower court’s sentence [5 million won of fine, 40 hours of completing sexual assault treatment programs, and e.g., forfeiture (No. 1)].

2. The judgment is the sentencing factors favorable to the defendant that the defendant is the primary offender, that all of his/her crimes are recognized and reflected, that he/she is receiving treatment such as psychological counseling to prevent recidivism, and that he/she does not distribute the photographed video to a third party.

However, from October 7, 2014 to October 31, 2014, the Defendant taken 17 parts of spawn, spawn, spawn, and bucks of women by using mobile phoness is highly likely to be subject to criticism in light of the method and frequency of the crime, the victims did not agree with the victims, and there is no change of circumstances that may be considered in sentencing after the judgment of the court below.

In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, family relationship, it cannot be said that the sentence of the court below is too unreasonable.

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

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