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(영문) 광주지방법원 2018.05.30 2017노4495
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (the amount of KRW 3 million, the amount of KRW 40,00,000 for sexual assault treatment programs, the amount of KRW 40 hours for sexual assault treatment programs, and the amount of KRW 1) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is based on the circumstances favorable to the defendant, such as the fact that the defendant recognized all the crimes of this case, and agreed to the victim, there is no record of punishment, deletion of the video file immediately after shooting, and there is no possibility of secondary damage. The defendant was removed from police officer due to the crime of this case, and the defendant must support the disabled person.

However, the crime of this case is a situation unfavorable to the defendant, where the defendant, who was a police officer required to protect the safety of citizens, committed the crime against the victim under the influence of alcohol, thereby seriously damaging the general public's trust in the police officer, and the nature of the crime is not good.

In addition, considering the overall sentencing conditions as shown in the records and arguments of this case, including the fact that there is no particular change in the sentencing conditions compared to the original judgment, since the original judgment’s punishment is too heavy or it seems unfair because it is too heavy, and thus, the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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