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(영문) 창원지방법원 2017.01.19 2016노2331
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of suspended execution in six months of imprisonment, and forty hours of lectures for sexual assault treatment) is deemed to be too uneasible and unfair.

2. The judgment of the court below is based on the following facts: the defendant attempted to conceal the crime by eliminating the victim's photograph to have the crime committed; the victim is recognized that the defendant wants to punish the defendant; the defendant recognized his mistake from the police investigation process to reflect him; the defendant has no criminal record exceeding the same criminal record or fine; and the defendant's age, sexual behavior, environment, and other records and changes in the records of this case are considered appropriate, and the prosecutor's assertion is without merit.

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

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