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(영문) 광주지방법원 2017.09.20 2017노2996
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The lower court dismissed the public prosecution against intimidation and nighttime intrusion among the facts charged of the instant case.

The prosecutor did not appeal against this, and the defendant and the prosecutor filed an appeal only against the guilty portion. Since the dismissed part of the judgment of the court below is separated from the attitude of the appeal period, the scope of the judgment of the court is limited to the convicted part.

2. Summary of reasons for appeal;

A. The sentence of the lower court (eight months of imprisonment, confiscation, and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. The conclusion is that all of the crimes of this case are recognized by the defendant, and the agreement with the victim is favorable to the defendant.

On the other hand, each of the crimes of this case is not very good in light of the motive, method, frequency, circumstances after the crime, etc. leading to the crime, and the occurrence of damage difficult to recover from the victim due to each of the crimes of this case, etc. are disadvantageous to the defendant.

In addition, there is no change in the sentencing conditions compared to the original judgment, and considering all the sentencing conditions specified in the records and arguments of this case, the lower court’s punishment is too heavy or unfluent so that it cannot be deemed unfair. Thus, the above assertion by the Defendant and the prosecutor is without merit.

4. 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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