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(영문) 광주지방법원 2016.10.20 2016노2502
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment and two years of suspended execution) of the lower court is deemed to be too untile and unfair.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case was committed in a sexual intercourse with the victim D, who is a female spouse, and the victim's sexual intercourse was taken, and it threatened the victim F, who is the husband of the victim, to spread to the Internet. For this reason, the crime of this case was committed in violence and injury caused to the victim F while disputing with the victim F.

There was no agreement with the victim F of the crime of injury.

On the other hand, the following conditions are favorable.

The defendant has no record of criminal punishment in the Republic of Korea.

In agreement with the victim D, the victim does not want to punish the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, 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 as it is without merit. It is so decided as per Disposition.

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