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(영문) 수원지방법원 2016.10.27 2016노3220
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds for appeal (unfair form of punishment) of the crime committed by the Defendant, which is a significant and bad quality of the crime, and the fact that the victim’s damage is not a change to the victim, the lower court’s sentence that sentenced the Defendant to a fine of KRW 3,00,000, and to a program to complete sexual assault treatment programs for 40 hours is too unab

2. The judgment is against the defendant's wrong, there is no history of criminal punishment, the defendant is disabled by the second degree of intellectual disability, and the defendant's appearance is leading the defendant. In light of the motive and background of each of the crimes of this case, circumstances before and after the crime of this case, degree of damage, and other various factors specified in Article 51 of the Criminal Act, such as the character and conduct, environment, and family relationship of the defendant as stated in the records and arguments of this case, the court below's punishment is too unjustifiable, even considering the circumstances alleged in the grounds for appeal, so the above argument is without merit.

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.

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