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(영문) 부산지방법원 2017.06.16 2017노388
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 6 million won, completion of 40 hours in sexual assault treatment programs, and completion of 40 hours in sexual assault treatment programs) is deemed to be too uneasy and unreasonable.

2. Although there was an unfavorable circumstance such as the fact that the defendant committed a crime during the period of suspension of execution and the fact that the defendant had a record of punishment for a sex offense, the photograph taken by the defendant is mostly against the victim, and the victim's identity has been revealed, and it seems that there seems to be no possibility of secondary damage such as considerable number of images and the victim's identity has been revealed, and in light of other factors, considering the equity of punishment with the same and similar cases as the sentencing conditions prescribed in Article 51 of the Criminal Act, the sentence imposed by the court below is too uneasible and unfair.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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