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(영문) 광주지방법원 2015.08.12 2014노3166

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution for six months of imprisonment, 80 hours of community service order, 40 hours of order to attend sexual assault treatment lectures, confiscation) is too uneased and unreasonable;

2. Although there are many women's photographs taken by the defendant, there are unfavorable circumstances, on the other hand, that the defendant recognized his mistake and reflects against the defendant, that the defendant does not repeat again, such as removing the camera function of smartphones, the primary offender is favorable to the defendant. In addition, considering the circumstances leading to the crime of this case, the circumstances following the crime of this case, the defendant's age, character and conduct, and environment, etc., the court below's punishment is too uneasible, and the prosecutor's above 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.