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(영문) 대전지방법원 2017.06.14 2016노3245
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty and 40 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.

2. The crime of this case is an unfavorable circumstance where the body part of the body part, which may cause a sense of sexual shame against many unspecified women, was taken, and the crime is not good.

However, there are favorable circumstances such as the fact that the defendant recognized the crime of this case, the first offender, the agreement with the victim'sJ (a name), and the fact that the photographed video does not seem to have been leaked to the outside.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change of circumstances that may otherwise determine the sentence and the sentence of the lower court, the lower court’s punishment is too unaffortable and unreasonable.

Therefore, 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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