logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.06.17 2019노1567
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of three million won, completion of a sexual assault treatment program 40 hours, restriction on employment one year, confiscation) is too uneased and unreasonable.

2. The crime of this case is deemed to have been committed by the public official who visited the community service center and carried out the duties of civil petition, and the crime of this case is not good, and the victim seems to have suffered considerable sexual humiliation and mental suffering due to the crime of this case committed at work.

On the other hand, the defendant's deletion of video works on his own immediately after the crime was committed, and confiscation of the mobile phone which photographs images, so the risk of spreading video works does not seem to be significant.

The Defendant appears to have committed the instant crime with no criminal force, and all of the instant crimes are recognized.

Comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

arrow