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(영문) 울산지방법원 2017.01.20 2016노2056

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (such as the penalty amounting to five million won) by the lower court is too unhued and unreasonable.

2. The crime of this case was committed in the form of a mobile phone taken four times by the Defendant in the form of a dynamic image from the Defendant to women. The crime was committed in light of the circumstances, form, method, frequency, etc. of the crime, and the nature of the crime is not less complicated. The victims are likely to feel sexual humiliation and uneasiness due to the crime of this case, and the fact that the victims did not agree with the victims up to the trial of the case is unfavorable to the Defendant.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant recognized and reflected the crime of this case, the occurrence of additional damage, such as the spread of images taken by the victims, and the first offender who has no record of criminal punishment, etc., and other factors of sentencing as shown in the arguments of this case, such as the defendant's age, sex, family environment, motive and circumstance of the crime, means and consequence of the crime, etc., it is not recognized that the punishment imposed by the court below is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.