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(영문) 수원지방법원 2015.05.14 2014노6085
성폭력범죄의처벌및피해자보호등에관한법률위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal grounds (e.g., the form of punishment) is unreasonable in light of the following: (a) the Defendant taken the body of women who had been punished for the same kind of crime, but could cause sexual humiliation or shame on two occasions; and (b) the crime is serious and not guilty; (c) the sentence of the lower court sentenced to imprisonment for eight months; (d) suspension of execution; (e) probation; (e) probation; (e) community service order for 120 hours; and (e) sexual assault therapy for 40 hours;

2. In light of the facts alleged in the grounds of appeal, the lower court’s sentence cannot be deemed as being too unjustifiable, even if considering all the circumstances alleged in the grounds of appeal, given the following factors: (a) the Defendant’s mistake is against the Defendant; and (b) there was no history of having been sentenced to imprisonment or heavier punishment; (c) the motive and background of the instant crime; (d) the circumstances before and after the instant crime; (e) the degree of damage; and (e) the character and conduct of the Defendant and the environment, etc.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, according to the records, the judgment of the court below is obvious that there are some errors in the following, so D's correction in the summary of evidence is made "C".

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