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(영문) 수원지방법원 2015.04.09 2014노4413

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds for appeal (e.g., the nature of the instant crime and the failure to recover from damage, etc., the lower court’s sentence that sentenced a fine of KRW 3 million is too uneasible.

2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment cannot be deemed unfair because it is too unreasonable, considering all the circumstances alleged in the grounds of appeal, given that there is no history of criminal punishment, and the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the character and conduct, and the environment of the Defendant as indicated in the instant records and arguments.

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