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(영문) 대구지방법원 2017.04.19 2016노4919

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the punishment (3 million won in penalty, and 40 hours in sexual assault treatment programs) declared by the court below is too uneased and unfair.

2. In light of the following circumstances: (a) the court below’s judgment was examined; (b) the number of the crimes in this case; (c) the method of the crimes in this case; and (d) the victim wanted to punish the defendant; (b) the defendant recognized the crimes in this case; (c) the video taken by the defendant appears to have not been delivered or posted to a third party; and (d) the defendant appears to have no record of punishment; and (c) other circumstances shown in the records and arguments, such as the defendant’s age, sex behavior, environment, family relationship, etc. favorable to the defendant, such as the fact that the defendant was a primary offender who has no record of punishment; and (d) other circumstances indicated in the records and arguments, such as the defendant’s age, sexual behavior

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.