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(영문) 서울중앙지방법원 2019.01.18 2018노2860
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than 10 months) by the court below is too unreasonable.

2. It is recognized that the judgment defendant led to the confession of and reflects on the instant crime, the first offender who has no record of criminal punishment, and agreed with the victim H, and the said victim did not want to be punished against the Defendant.

However, during the victim's death and death, the defendant taken the victim's body during the victim's death and posted one victim's body photograph on the obscene material site. Among them, the crime's nature is very poor, the victim's mental impulse, sexual shame, sense of shame, and distribution that the victim suffered from the crime of this case, and the victim C had already resided or opened his name abroad for a certain period and had already been distributed for a certain period of time, making it difficult for him to lead a normal workplace life due to his personality and behavior, the victim's age, character and environment, the circumstances leading to the crime, the scale of the crime, and the circumstances after the crime. In full view of all the sentencing conditions such as the defendant's age, character, and behavior, the defendant's age, the environment, the result, the size of the crime, and the circumstances after the crime, etc., it cannot be said that the judgment of the court below has exceeded reasonable discretion.

Therefore, the defendant's above assertion is without merit.

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

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