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(영문) 대구지방법원 2016.03.16 2015노1445
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a sentence of six months of imprisonment, a suspended sentence of two years, an order to attend a course 60 hours, confiscation) is too unfluent and unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There are unfavorable circumstances against the Defendant, including the fact that the crime of this case takes the body parts of many and unspecified women over several times, and the crime is not good, but the Defendant recognized all of the charges of this case and reflects their mistakes. Meanwhile, considering the fact that the Defendant has no same criminal record, the Defendant does not have any other criminal record, and all the circumstances indicated in the records and arguments, such as the Defendant’s age, sex, environment, etc., the prosecutor’s assertion is without merit.

3. Accordingly, 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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