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(영문) 대구지방법원 2020.11.27 2020노1503
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to imprisonment for one year, two years of suspended sentence, probation, order to attend a lecture, order to restrict employment, and confiscation) declared by the court below is too unfasible and unreasonable.

2. The lower court determined that the Defendant committed the instant crime on a planned basis by preparing for purchasing a small camera in advance, etc., and that the Defendant had the record of suspending prosecution by photographing a large number of unspecified women’s body by using a similar method at the clothes shop around July 22, 2018, but again committed the instant crime, under the circumstances unfavorable to the Defendant, in view of the fact that the Defendant was in need of strict punishment, the Defendant appears to have committed the instant crime, and there was no record of criminal punishment for the Defendant, and that there was no record of criminal punishment for the Defendant. After the instant indictment, the lower court determined a punishment for each Defendant by taking into account the circumstances favorable to the Defendant that the said victim did not want the Defendant’s punishment, and there was no special change in circumstances that could change the sentence after the sentence was sentenced.

In addition, even if examining the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., as shown in the arguments in this case, it is not recognized that the court below's punishment is too unfasible and exceeded the reasonable scope of discretion.

3. According to the conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the ground that it has no reason to file an appeal. However, pursuant to Article 25 of the Regulation on Criminal Procedure, Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is amended as "Article 14 (1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020)."

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