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(영문) 대전지방법원 2015.10.28 2015노1962
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 2 million won of fine, 40 hours of completion of sexual assault treatment programs, confiscation) that the court below sentenced against the defendant is too unreasonable.

2. The judgment of the defendant is a favorable condition to the defendant that the defendant led to the confession of the crime of this case and reflects his mistake, that information such as the victim's face is not taken, and that the defendant is the first offender who has no criminal power.

However, the fact that the defendant taken four times the victims, and that the contents of the defendant taken are sufficient to give a sense of sexual humiliation to the victims, is disadvantageous to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable.

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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