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(영문) 서울남부지방법원 2018.08.31 2017노1986

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a punishment of six months of imprisonment, a suspended sentence of two years, an order to attend a sexual assault treatment lecture 40 hours, confiscation) is too uneased and unreasonable.

2. In full view of all sentencing conditions specified in the records and arguments of this case including the circumstances that the court below rendered on the grounds of sentencing (the fact that the victim seems to have suffered considerable mental damage due to the crime of this case, the victim was unable to receive a letter from the victim, the defendant was repented and opposed to the defendant, the defendant was not guilty of the same kind of power or suspended execution, the defendant was not guilty, and the video taken by the defendant was not leaked to the outside) and all sentencing conditions specified in the records and arguments, the sentence imposed by the court below is deemed appropriate, and is too unjustifiable, and thus the prosecutor's assertion is without merit.

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.