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(영문) 창원지방법원 2016.06.21 2016노627

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of suspended sentence in six months of imprisonment, 40 hours of attending sexual assault treatment lectures, confiscation) is too uneased and unreasonable.

2. It is recognized that the defendant taken a large number of victims for about one hour and caused the poor quality of the crime.

However, in full view of the following facts: (a) the Defendant led to the confession and reflect of the offense; (b) the agreement with the victim whose identity has been confirmed; (c) the first offender who has no record of the offense; and (d) the Defendant’s age, sexual conduct; (b) circumstances after the offense; and (c) other matters concerning the sentencing as indicated in the records and arguments of this case, the Prosecutor’s assertion is without merit.

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