(영문) 수원지방법원 2017.04.13 2017노1382 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.04.13 2017노1382

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant and the defense counsel recognized the mistake and against the Defendant, and that the Defendant deposited KRW 2 million for the victim when it came to the trial, etc., the lower court’s sentence which sentenced orders to participate in the sexual assault treatment program program for 10 months and 40 hours is too unreasonable.

B. In light of the fact that it appears that the victim was sworn due to the Defendant’s crime committed by the prosecutor, and that the victim was punished by the Defendant, etc., the sentence of the lower court is too uneasible and unreasonable.

2. Determination

A. Each of the crimes of this case with regard to the determination of the illegality of sentencing revealed the victim's face and chest by using a mobile phone camera, after the defendant taken a photograph showing the victim's chest and chest, posted a photograph showing the victim's chest to K to the extent that it does not contact with the victim, and send letters.

In full view of all the sentencing conditions in the records and arguments of this case, including the defendant's age, sex, environment, degree of damage, motive and circumstance after the crime, etc., the court below's punishment is deemed reasonable, and it is not determined that the punishment of this case is too heavy or excessive so that sexual humiliation would have occurred due to the crime of this case, the victim wants to punish the defendant. On the other hand, it is recognized that the defendant was erroneous, there is no record of punishment exceeding the fine, the defendant was punished for the same kind of crime or there was no record of punishment exceeding the fine, the victim deposited 2 million won for the victim at the time of the trial, and all the sentencing conditions in the records and arguments of this case such as the defendant's age, sex, environment, degree of damage, circumstance after the crime, etc.

(b).

유사 판례

-수원지방법원 2017.04.27 2016노5335

-수원지방법원 2017.03.23 2016노5449

-수원지방법원 2016.05.03 2015노4941

-수원지방법원 2017.05.18 2016노5882

-청주지방법원 2014.04.11 2013노956