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(영문) 부산지방법원 2017.06.23 2017노433
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 5 million, KRW 160 hours for sexual assault treatment programs, and KRW 1,00,00) is deemed to be too uneasy and unreasonable.

2. It is recognized that the judgment defendant committed a second offense during the period of suspension of execution due to the same crime, and there is no agreement with the victims.

However, the defendant is going against the crime, and is going to the mental and medical treatment, and most of the images of this case are exposed to high level of exposure by focusing on the reverse habits of women.

In light of the fact that it is difficult to see the Defendant’s age, sexual conduct, environment, etc., and other various sentencing conditions, the lower court’s sentence imposed by adding an order to complete sexual assault treatment programs during a relatively long-term period of time cannot be deemed unfair because the sentence of the lower court is too uneasible.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. The prosecutor’s appeal of conclusion is without merit and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That pursuant to Article 25 of the Regulation on Criminal Procedure, ex officio, pursuant to Article 25 of the Rules on Criminal Procedure, the prosecutor’s appeal of the court below is corrected by adding “1. Investigation Report (Attachment of the video CD taken by the person who was accused) and video CDs”

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