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(영문) 대전지방법원 2017.05.26 2016노2843
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The defendant's appeal is dismissed.

Reasons

The main point of the grounds for appeal is that the court below's punishment (five million won punishment, five million won, and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

Judgment

It is more favorable to the fact that the defendant recognized the crime of this case, the first offender, the age of university students, and the video recorded are not leaked to the outside.

However, the crime of this case is an unfavorable circumstance where the defendant photographs part of the body against the victim E's will, and transmits to three victims any writing that may cause a sense of sexual humiliation or aversion, and the nature of the crime is not weak, and it appears that no agreement has been reached with the victims, and that particular damage recovery measures have been taken.

In full view of the above circumstances and other sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

Therefore, 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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