logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.11.19 2015노1408
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy in the lower court’s sentence (a fine of three million won, 40 hours for completing sexual assault treatment programs, and confiscation (No. 1).

2. The judgment is the sentencing factors favorable to the defendant that the defendant is the primary offender, the fact that all of his crimes are recognized, the fact that the photographed video is not distributed to a third party by immediately deleting it, the fact that the victim and the victim have agreed to do so, and that the completion of the sexual violence prevention education, etc. is the sentencing factors favorable to the defendant.

However, while the defendant tried to photograph the sexual intercourse with the victim without knowledge of the victim, he/she was aware of the victim during the process, however, he/she was exposed to the victim as the victim, such as the mouth head of the old lecture or the exposure of the victim to the upper half of his/her body, etc., and the victim was exposed to a secret private life without wanting to be exposed. Accordingly, the victim seems to have suffered from irrecoverable mental suffering, and there is no change in circumstances that may be considered in the sentencing after the judgment of the court below

In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, family relationship, it cannot be said that the sentence of the court below is too unreasonable.

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.

arrow