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(영문) 대구지방법원 2014.06.12 2013노4080

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (Suspension of sentence, forfeiture) is too unfased and unfair.

2. The crime of this case is found to have been committed by the Defendant by inserting the cell phone under the bottom of the shower room wherein the Defendant was the victim and photographing the clothes. The nature of the crime is heavy.

However, the defendant is the first offender, and the mistake is in profoundly against the victim, and the victim is called the wife of the defendant by mutual consent with the victim.

After the defendant graduated from a university due to excellent grade, he is faithfully living at a graduate school, and his father and Doble are leading the defendant, so he is highly likely to repeat the crime.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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.