beta
(영문) 서울남부지방법원 2018.05.18 2017노530

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is unreasonable because the punishment (five million won of punishment, 40 hours of orders to complete sexual assault treatment programs, Confiscation) is too uneased.

2. In full view of the circumstances that the lower court rendered on the grounds of sentencing (including the following facts: (a) the Defendant was sentenced to a suspension of indictment and a fine in 2014 for a similar crime; (b) resulting in the instant crime; (c) the Defendant was in profoundly against the Defendant; (d) the number of times the instant crime was committed; and (e) the video recorded is not deemed to have been disseminated; and (e) all of the sentencing conditions in the records and pleadings in the instant case, the sentence imposed by the lower court is deemed appropriate and deemed to be unfair, 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.