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(영문) 서울동부지방법원 2016.04.14 2015노1472

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (the suspended sentence of KRW 3,00,000 and the forfeited sentence) on the summary of the grounds for appeal is too unfasible and unreasonable.

2. Even when taking into account the circumstances alleged by the Prosecutor’s assertion (such as the seriousness of the case, risk of recidivism, etc.), the lower court’s judgment does not seem to be unreasonable since the sentence imposed on the Defendant is deemed to be adequate and too unreasonable, in full view of the following circumstances: (a) there exists conditions favorable to the Defendant, such as the grounds for each suspended sentence as stated in the column of “the suspended sentence” among the “application of the statutes”; (b) there is no special circumstance or circumstance newly considered in the sentencing after the pronouncement of the lower judgment; and (c)

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 prosecutor's appeal is without merit. It is so decided as per Disposition.