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(영문) 의정부지방법원 2014.04.03 2013노2322

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (the fine of 4 million won and the order to complete a sexual assault treatment program) against the defendant on the summary of the grounds for appeal is unreasonable because it is too unfasible.

2. The judgment below's sentencing against the defendant is too unjustifiable because it is deemed that the defendant is aware that there are many victims of the crime of this case, and that there are many kinds of sentencing conditions as shown in the records and arguments, such as the defendant's age, family environment, circumstance before and after the crime, etc., even though it is considerably high in the frequency of the crime, it appears that the defendant reflects his wrongness, the defendant's photograph and video taken by the defendant, the defendant does not have criminal records prior to the crime of this case, and there are no other criminal records prior to the crime

3. 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.