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(영문) 수원지방법원 2016.08.18 2016노1217
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

In light of the purport of the grounds for appeal (unfair sentencing) that the defendant is against the mistake of the defendant and there is no record of criminal punishment, etc., the sentence of the court below that sentenced the order to complete a sexual assault treatment program for 40 hours and 2,00,000 won and 40 hours is too unreasonable.

In light of the fact that the Defendant’s crime of this case was committed in the location of bus, subway, shopping center, university, etc., it is not good to commit a crime against unspecified women, and that it appears that the victims would feel a considerable sense of sexual shame and fear of fear if they become aware of the instant crime, and that the damage was not recovered, the lower court’s punishment is unreasonable.

Judgment

The crime of this case is committed in full view of the following facts: (a) the defendant taken the parts of the body of the women who suffered damage from mobile phones in five times; (b) the nature of the crime is not good; (c) the damage is not recovered; and (d) the defendant has not been subject to criminal punishment by recognizing all the facts of the crime; and (c) the defendant has no record of being subject to criminal punishment; and (d) the defendant's age, sexual conduct, environment, motive and background of the crime, recording book, circumstances after the crime, etc., and all of the sentencing conditions in the records and arguments of this case, including the defendant's age, sexual conduct, background, recording book, recording book, and circumstances after the crime, the punishment of the court below is deemed reasonable; and (d) it is not determined

In conclusion, since the appeal by the defendant and the appeal by the prosecutor are 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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