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(영문) 수원지방법원 2016.05.19 2015노4565
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defense counsel (unfair sentencing) has served as follows: (a) the defendant committed the instant crime contingently; (b) the defendant was voluntarily receiving education to prevent the same error; (c) the crime was committed once more; (d) the defendant did not spread the images taken by the defendant; (d) the defendant did not have any record of criminal punishment; and (e) the defendant was suspended from indictment as a crime of causing bodily injury by indecent act; (e) however, there was a history that the defendant took a disposition of suspension of indictment as to the crime of causing bodily injury by drinking alcohol with a female who made the defendant; (b) the female was injured in the course of drinking alcohol and drinking alcohol with the defendant; and (c) the female suffered injury in the course of spreading the defendant, which was a contingent violent crime more than a sexual crime; and (d) the defendant made a long-term vow donation with the meaning of reflectness and donated a certain amount of money to the National Association for Supporting Victims of Victims of Sexual Crimes.

2. The crime of this case is deemed to have been taken by the victim while driving away the part of the victim by provoking the way of the defendant. It is not good to view that the crime of this case is likely to have brought about a sense of sexual shame by the victim. It does not recover damage to the victim. The defendant was sentenced to suspension of indictment for an indecent act committed by force on August 20, 2010. The indecent act committed by the defendant at the time was committed by both arms, and the degree of injury inflicted on the victim was relatively minor. However, the degree of injury inflicted on the defendant's arms was relatively insignificant, but the degree of the injury inflicted on the victim while driving away the victim's arms was not easy, and the defendant's age, sex, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc. was committed, the reason for appeal is to be comprehensively examined in light of all the records and arguments in the sentencing of this case.

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