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(영문) 의정부지방법원 2017.11.13 2017노2302

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 sentence (amounting to KRW 12 million) is too uneasy and unreasonable.

2. The Defendant committed the instant crime during the period of the suspension of the execution of imprisonment with labor for committing an indecent act against female juveniles aged 16, and female juveniles aged 13 among the victims, etc. are disadvantageous to the Defendant.

However, in light of the fact that the defendant shows a misunderstanding, it appears that the court below's punishment is too unreasonable, considering the following factors: (a) one of the two persons revealed by the victim and the court below's agreement does not want punishment for the defendant; (b) one of the two persons revealed by the victim does not want to be punished by the defendant; and (c) other various sentencing conditions indicated in the records, such as the background of the crime, the contents of photographing materials, the circumstances after the crime, the age of the defendant, family relationship, etc., the sentence of the court below is too uneasible.

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.