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(영문) 수원지방법원 2017.09.29 2017노5288
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (unfair sentencing) imposed by the lower court (one year of imprisonment and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance where the defendant, an employee of a hotel, installed a program to operate a camera installed on another computer remotely, and taken the body of the victims aged while the victims were accommodated in the guest room, and the crime of this case is very poor. The victims might have suffered a large mental shock due to the crime of this case, and the defendant did not receive a letter from the victims.

However, the fact that the defendant's mistake is recognized and reflected, and the fact that the defendant is the first offender is favorable.

In full view of the above circumstances and the Defendant’s age, sex, environment, motive, means, and consequence of the crime, all of the sentencing conditions as shown in the pleadings, such as the circumstances after the crime, the lower court’s punishment cannot be deemed too weak or unreasonable.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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