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(영문) 광주지방법원 2016.08.17 2016노313

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won suspension of sentence, confiscation) is too uneased and unreasonable.

2. Although there are circumstances in which the Defendant did not agree with the victim, the Defendant would not commit such a mistake in the future while putting his or her mistake in depth against the victim.

There are many things.

The Defendant is an initial offender who has no criminal history.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment is too uneasible and it is not deemed unfair.

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.