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(영문) 인천지방법원 2014.01.17 2013노2806
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds of appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (two years of suspended sentence for October, 200, 40 hours of completion of sexual assault treatment programs, and Confiscation) is deemed too uneasy and unreasonable.

2. In light of the fact that each of the crimes of this case was committed by the defendant not only by the defendant taking the fright of a woman in a satch, but also by theft of the wall, damage to the Internet connection line, etc. by intrusioning the victim's residence, it is not good that the crime is committed, and that the defendant did not agree with the victim until the trial was held, it is necessary to punish the defendant strictly.

However, in the meantime, the Defendant recognized each of the crimes of this case and against his mistake, the Defendant is the first offender who has no criminal records, and the Defendant deposited 2 million won for the victim in addition to deposit for the victim in the original trial, the Defendant additionally deposited 2 million won for the victim in the first instance court. The amount of damage caused by each of the crimes of this case is relatively minor, the Defendant is in a social life in good faith in the future, and according to the result of the sentencing investigation of this court, according to the results of the sentencing investigation of this court, it seems that the risk of repeating the crime of this case is low, and the sentencing records and arguments are considered to be unfair.

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

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