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(영문) 수원지방법원 2014.05.01 2013노5444
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (2 million won of a fine, confiscation, and 40 hours of an order to attend a sexual assault treatment lecture) against the Defendant is too uneased and unreasonable.

2. The judgment is an unfavorable circumstance to the Defendant, for the purpose of photographing another person’s body, which may cause sexual humiliation or sense of shame, by purchasing a first-class camera to commit a crime, and the frequency of the crime leads to a number of times and the nature of the crime is not good.

However, the above circumstances appear to have been reflected in the lower judgment ordering the Defendant to take part in the sexual assault therapy for 40 hours, which is relatively long time, in order to correct the Defendant’s perception of the wrong sex while sentencing a fine of KRW 2 million. The Defendant was the first offender and is in contravention of the Defendant’s confession, and the Defendant was a juvenile at the time of committing the instant crime, and other factors of sentencing indicated in the instant case, such as the Defendant’s age, character and conduct, occupation and family environment, the background and consequence of the instant crime, and the circumstances after committing the crime, are not deemed to be unreasonable.

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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