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(영문) 부산지방법원 2016.09.02 2016노1070

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (the suspended sentence of a fine of two million won, confiscation) against the Defendant in the summary of the grounds for appeal is deemed to be too unhued and unreasonable.

2. The crime of this case is deemed to have taken the body parts of an unspecified number of people in a public place with a cell phone, and the nature of the crime is not good, but it is recognized that the defendant recognized the crime of this case and is in profoundly against the defendant, and again, he does not commit the crime of this case. The video of this case is not deemed to have been disseminated, and other various sentencing conditions specified in the argument of this case, such as the circumstances leading to the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, and environment, such as the fact that there is no record of criminal punishment, etc., are considered to have been distributed, 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 as it is without merit. It is so decided as per Disposition.