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(영문) 창원지방법원 2017.11.09 2017노2223

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment of the lower judgment (the punishment of imprisonment for one year, two years of suspended execution, 80 hours community service, and sexual assault treatment programs for 40 hours) is too minor.

2. In full view of all favorable sentencing factors, such as the following: (a) the judgment was examined; (b) the victim appears to have suffered a large mental impulse; and (c) the victim did not agree with the victim; (d) the defendant led to the confession of the crime; (b) the Defendant’s deletion of the immediately taken images; and (c) the reason for sentencing, including only one time of a fine for a previous offense; and (d) the age, family relationship, economic situation; (d) the circumstances leading to the crime and motive leading up to the crime; and (e) other matters pertaining to the sentencing as indicated in the records and changes of the records of this case, the judgment below’s punishment is deemed appropriate; and (e) there is

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.