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(영문) 수원지방법원 2016.09.29 2016노2212

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The prosecutor's appeal is dismissed.

Reasons

In light of the fact that the defendant was sentenced to a fine of 3,00,000 won for the same kind of crime at the Suwon Flag method on November 14, 2008, in addition, considering the fact that the crime of this case was committed, considering the physical parts and photographing method taken, and that the risk of recidivism of the defendant is high, it is unfair that the court below’s sentence that sentenced the fine of 4,00,000 won and the order to complete the sexual assault treatment program and the confiscation for 40 hours is too uneasible.

Judgment

In full view of the facts alleged in the grounds of appeal, including the Defendant’s age, sex behavior, environment, motive and background of the crime, photographing volume, and circumstances after the crime, the lower court’s punishment is too uneasible and unfair, even if considering the circumstances asserted in the grounds of appeal, so it is not determined that the Defendant’s punishment is too uneasible and unfair, even if it is considered the circumstances asserted in the grounds of appeal, and thus, is too uneasible and unreasonable. This assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.