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(영문) 서울남부지방법원 2016.12.02 2016노755
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment and two years of suspended execution) is too unreasonable in light of the fact that the Defendant ought to resign from his/her present job where the suspended execution becomes final and conclusive.

2. Determination ① that there is no history of criminal punishment and that the Defendant recognized the instant crime is favorable.

② However, the Defendant taken pictures of approximately 138 minutes against many unspecified female victims on a total of 882 photographs and 13 minutes 24 minutes during 138 months, and most of the photographs taken are related to the victim’s sexual humiliation, etc., which could make the victims feel a great sense of sexual shame, and taken photographs up to their own sexual organ. ③ In full view of all other circumstances, such as the background, means, results, and conditions of sentencing, even if considering the circumstances alleged by the Defendant, the lower court’s sentence cannot be deemed unreasonable.

3. As such, the defendant's appeal 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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