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(영문) 광주지방법원 2016.10.26 2016노986
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won, order to complete a sexual assault treatment program 40 hours, confiscation) declared by the court below is too uneasible and unfair.

2. The number of the crimes of this case exceeds five times, and the Defendant was unable to agree with the victims until the time of the trial, etc. is disadvantageous.

On the other hand, it is advantageous to the fact that the defendant properly recognizes and reflects his mistake, who is a family member living together of the defendant shows his intention to deliver the defendant to the correct way, and that the defendant has no record of punishment for the same crime.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.

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. It is so decided as per Disposition.

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