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(영문) 청주지방법원 2016.10.21 2016노464
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the lower court’s punishment (a fine of five million won, an order to complete a sexual assault treatment program for forty hours, confiscation) is too uneased and unreasonable.

2. The circumstances unfavorable to the defendant are as follows.

In other words, the instant crime was committed by the Defendant, using a camera installed in his mobile phone, taking three women, who had been melted in female toilets, and the punishment of the illegality is not less than that of the act, and the victims were exposed to a large mental impulse due to the Defendant’s crime.

The defendant did not agree with the victims, and the victims want to punish the defendant.

However, there are the following favorable circumstances for the defendant.

The Defendant recognized all of the crimes of this case and committed a mistake in depth.

After the crime of this case, the defendant was under psychological treatment after the crime of this case and did not repeat the crime, and family members including the defendant's mother seems to have made efforts to prevent recidivism.

Although it did not reach an agreement with the victims, it seems that the mother of the defendant was making a serious effort to do so.

The Defendant has lived in good faith without any criminal power.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentencing is deemed to be too unjustifiable and unreasonable.

Therefore, the prosecutor's ground of appeal cannot be accepted.

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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