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(영문) 수원지방법원 2015.05.07 2014노5680
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal by the defense counsel (e.g., in a case where the defendant commits each of the crimes of this case in order to view a photograph that is more likely to be raised by the grade in Internet KafC, which shares women's pictures, the court below's sentence ordering a fine of 3.5 million won or more to complete a sexual assault treatment program for 40 hours is too unreasonable. In light of the above circumstances, the court below's sentence that sentenced the order to complete a sexual assault treatment program is too unreasonable.

2. The judgment of this case is that the defendant taken photographs of women's bucks inside the subway and openly displayed the pictures on the Internet Kabbuck bulletin board, and the victims did not recover from damage until the trial was held. In light of the motive and background of each crime of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character and behavior, environment, etc., all of the circumstances alleged in the grounds for appeal, the court below's punishment cannot be deemed to be unfair because the court below's punishment is too large, considering all the circumstances alleged in the grounds for appeal. Thus, the above assertion is without merit.

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

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