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(영문) 인천지방법원 2016.07.13 2016노767
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 (one million won suspension of sentence, confiscation) is too uneased and unreasonable.

2. The judgment of this case is the taking of the parts of the body of the victim in the subway station platform using special equipment and the nature of the crime is not good.

However, in light of all the sentencing conditions as indicated in the records and theories of this case, such as the Defendant’s age, sex, occupation and environment, motive and circumstance leading to the instant crime, etc., the lower court’s punishment is too unfeasible and it is deemed unfair, and thus, it is not recognized that the Prosecutor’s assertion is unreasonable, on the ground that the lower court’s punishment is too unfasible, and there is no reason to believe that the Defendant’s conviction is too unfasible, and that the Defendant paid KRW 3 million to the victim and agreed to do so in the lower court, and that the frequency of shooting was voluntarily provided to prevent recidivism.

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.

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