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(영문) 대구지방법원 2020.08.25 2019노3288
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 (limited to eight months of imprisonment, two years of suspended sentence, two years of suspension of execution, order to attend lectures, and order of restriction on employment, confiscation) is too unflu

2. The lower court determined that: (a) considering the circumstances favorable to the Defendant, such as the Defendant’s age, character and behavior, environment, family relationship, family environment, circumstance of the crime, and circumstances after the crime, etc., the sentence was imposed by taking into account the following factors: (b) the Defendant’s severe punishment is required in light of the following: (c) the Defendant was found to have committed the crime; (d) the Defendant was not subject to punishment for the same kind of crime; and (e) there was no record of punishment exceeding the fine; and (e) there was no record of punishment exceeding the fine.

The judgment below

After the sentence was rendered, no special sentencing data that could change the sentence unfavorable to the defendant was submitted, and in full view of all the sentencing conditions in the records of this case including the circumstances taken into account by the court below, it is not recognized that the sentence of the court below exceeded the reasonable scope of discretion because it was too unhued.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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