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(영문) 수원지방법원 2017.10.26 2017노2526
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal of this case (unfair sentencing) is that the Defendant’s crime of this case was committed by taking off the parts of the bridge of the victimized women who suffered a short clothes from several times using the recording function of the video of the cell phone, and the nature of the crime is not good. In light of the above, the lower court’s sentence that sentenced the Defendant to a fine of 4,00,000 won, order to complete the sexual assault treatment program for 40 hours, and order to confiscate the program is too uneasible.

2. In full view of the facts alleged in the grounds of appeal, including the fact that the Defendant recognized the mistake and reflects, that there was no record of criminal punishment except a fine of KRW 300,00 due to larceny in 2012, and the Defendant’s age, sexual conduct, environment, motive and background of the crime, degree of damage, and all the conditions of sentencing as shown in the instant records and arguments, such as the circumstances alleged in the grounds of appeal, the lower court’s punishment is too uneasible and unreasonable. Therefore, the aforementioned assertion is without merit.

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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