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(영문) 수원지방법원 2016.04.21 2015노4399
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the purport of the Defendant’s grounds of appeal (unfair sentencing) against the Defendant’s mistake, the Defendant committed the instant crime contingently, and the victim does not want the Defendant’s punishment, and the Defendant suffers from considerable difficulty in finding employment after the final and conclusive judgment of the lower court, it is unreasonable for the lower court to impose an order to complete a sexual assault treatment program with a fine of one million won or more and 40 hours.

2. The judgment of this case does not seem to have a good quality of crime that the defendant tried to photograph the body of the victim after waiting the bus at the bus stop. Although the defendant acknowledged the fact of crime, the defendant did not seem to have a strong attitude of reflection while testing the performance of the car camera or making another photograph early early, the defendant had the record of being punished due to the violation of the Road Traffic Act (driving driving) and the crime of bodily injury, and taking into account all the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., even if considering the circumstances alleged in the grounds of appeal in the grounds of appeal, the above assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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