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(영문) 수원지방법원 2017.09.22 2017노2345

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the suspended sentence of KRW 2 million) is too uneasy and unreasonable.

2. The judgment is based on the following facts: (a) the Defendant’s primary offender; (b) the Defendant’s photograph taken after having committed the offense was not leaked to the outside; (c) the Defendant’s mistake and reflects the Defendant; and (d) the Defendant’s self-concepted and completed education to prevent sexual assault and sexual traffic; and (c) the community service was carried out and not re-offending; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the offense; and (e) all sentencing conditions indicated in the pleadings, such as the circumstances after the offense, cannot be deemed as unfair because the Defendant’

Therefore, prosecutor's assertion is not accepted.

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.