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(영문) 울산지방법원 2017.05.12 2017노105
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence (3 million won in punishment, and 24 hours in order to complete a sexual assault treatment program) imposed by the court below on the defendant is too uneasible and unfair.

2. The crime of this case is considered to have taken the body part of the victim, who is the employee of the PC room, and the fact that the victim suffered a considerable sense of sexual humiliation due to the defendant's crime, and that the victim wants to punish the defendant, etc. is disadvantageous to the defendant.

However, the circumstances favorable to the defendant are that the defendant led to the confession of the crime of this case and reflects his mistake in depth, that the photograph taken by the crime of this case is not shared or distributed with a third party, and that there is no record of criminal punishment against the defendant.

In full view of the above unfavorable circumstances and favorable circumstances, as well as the overall conditions of sentencing as shown in the pleadings, such as the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, etc., the prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unfair.

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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