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(영문) 대전지방법원 2014.10.01 2014노1155

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment), which was sentenced by the court below (2 million won of fine, 16 hours of order to complete a sexual assault treatment program, confiscation) is too uneasible.

Judgment

The crime of this case was committed by the defendant using a smartphone camera to take photographs of the victim's her her m, who reported her m, using a smartphone camera, and the degree of a sense of shame suffered by the victim is considerably more severe, and the victim wants to take severe punishment against the defendant.

However, in full view of all other circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable, and thus, the Prosecutor’s above assertion is without merit.

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