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(영문) 부산지방법원 2018.01.26 2017노3680
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (4 million won in penalty, 400,000 won in total, 40 hours in order to complete a sexual assault treatment program, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. All of the judgment of the crime is recognized and reflected, the fact that the defendant's photograph and video taken are likely to not be disclosed or distributed to others, and the fact that the defendant is the first offender is favorable.

However, the crime of this case is disadvantageous to the defendant, such as that the body of a large number of women has been repeatedly taken at a bathing beach, and the liability for the crime is not weak, and that there has been no agreement with the victims.

On the other hand, if there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

Therefore, in full view of the defendant's age, sexual conduct, health, environment, motive and circumstance of the crime, means and consequence of the crime, and all of the sentencing conditions indicated in the records and theories in the above circumstances (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), the sentence imposed by the court below is too heavy or uneasible and unfair, and thus, the defendant and the prosecutor's improper argument in sentencing is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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