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(영문) 수원지방법원 2016.09.22 2016노1781 (1)
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds of appeal (unfair sentencing) recognized the gravity of the crime committed by the defendant, the nature of the crime is inferior, and the damage is not repaid, etc., the sentence of the court below that sentenced a fine of 3,00,000 won and an order to complete a sexual assault treatment program for 40 hours is too uneasible.

2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unreasonable, taking into account the following factors: (a) there is no record of criminal punishment; (b) the motive and background of the instant crime; (c) the circumstances before and after the instant crime; (d) the degree of damage; and (e) other various matters specified in Article 51 of the Criminal Act, such as the Defendant’s character, conduct, environment, family relationship, etc., as well as the motive and circumstances alleged in the instant case

3. The appeal by the prosecutor of the 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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