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(영문) 인천지방법원 2017.04.21 2016노4710
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. The sentence sentenced by the lower court (2 million won in penalty) is too unfluent and unfair.

B. It is unreasonable for the court below to exempt the defendant from the disclosure disclosure notification order, even though there are no special circumstances that may not disclose the personal information of the defendant that was improper to exempt the defendant from disclosure disclosure disclosure notification order.

Judgment

A. As to the wrongful assertion of sentencing, the Defendant taken the chest part of the victim’s chest by using a mobile phone.

In light of the fact that the Defendant had been sentenced to six months of imprisonment, or two years of suspended execution, after shooting the body of the women who might cause sexual humiliation or shame even before the instant case, the Defendant committed the instant crime during the suspended execution period. Considering that the Defendant’s criminal liability is not less than that of the Defendant’s criminal liability.

However, the Defendant recognized the instant crime from an investigative agency to reflect in depth the mistake.

The defendant's taking number of photographs was only one time, and the defendant's taking of the victim's claim did not delete the images taken on the part of the victim's claim and distributed to the outside.

Defendant had the intent to agree or deposit;

In spite of the failure to recover from damage or reach an agreement with the victim, it seems that the victim refuses to reach an agreement and refuses to provide the minimum personal information for deposit, etc., and the defendant has no record of crime other than the criminal records of the suspended sentence of imprisonment with labor.

The Defendant is currently working in a university as a student of 25 years of age who is working in a university and is living together with his mother, and is relatively clear in social ties.

In full view of the following circumstances: (a) the Defendant’s age, sex, family environment, family relationship, and circumstances after the commission of the crime; and (b) the sentencing conditions specified in the instant records and arguments, the Defendant shall be sentenced to punishment.

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