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(영문) 창원지방법원 2016.11.24 2016노1658
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the punishment (a fine of three million won, completion of a sexual assault treatment program 40 hours, confiscation) of the lower judgment is too uneased.

2. It is a favorable reason for sentencing that there was a record of judgment and punishment for sex crimes, and that the Defendant committed the crime during the period of suspended execution due to the crime is an unfavorable reason for sentencing, and that it is against the Defendant’s confession while committing the crime, the agreement with the victim was made, the victim actively wanted to find the Defendant’s wife, and the victim suffering from legadial diseases, etc. are not good for health conditions.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing indicated in the records and arguments in this case, the Prosecutor’s assertion is without merit.

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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