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(영문) 청주지방법원 2016.03.18 2015노805
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below (the suspension of sentence and confiscation of two million won) on the summary of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case was committed by the Defendant’s act of photographing the body body of the victim, who is an employee, using a mobile phone camera at a entertainment place, and continued to take the body body of the victim from the victim’s face to the buckbucks, even though the Defendant took one time, and continued to take the body. The illegality of the act is not against the law.

In addition, whether the defendant should be put on the Internet at the victim's restraint place on the part of the victim.

” 라며 항의하는 등의 적반하장( 賊反荷杖) 격의 태도를 보이기도 하였다.

여기에다 피고인이 현재까지 피해 자로부터 용서 받지 못한 점 등을 고려 하면, 피고인에 대하여는 엄정( 嚴正) 한 처벌을 할 필요가 있다.

However, the Defendant committed the instant crime in a timely fashion and appeared to have a strong attitude in depth.

In addition, the video recorded by one criminal defendant was deleted by the victim immediately after the discovery of the crime, and the telephone was voluntarily submitted to the investigation agency, so the occurrence or spread of the secondary damage was removed.

This is why the defendant has no record of criminal punishment except for minor fines up to time, and the above unfavorable circumstances have already been fully reflected in the judgment of sentencing by the court below.

In full view of the fact that the sentencing of the lower court is too uneasible and unfair, taking account of various circumstances, such as the Defendant’s age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court is not recognized as being too uneasible.

Therefore, the prosecutor's ground of appeal cannot be accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so ordered as per Disposition.

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