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(영문) 수원지방법원 2016.07.14 2016노381
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor's appeal of this case (unfair sentencing) is that the defendant taken 10 times the part of the damaged women by using the mobile phone in the subway station Escrade and on the road, etc., and the nature of the crime is not good. The defendant taken 10 victimized women by moving the same place on the same day, which appears to be a planned crime. The recent crime of taking another person's body by using the mobile phone is increasing and there is a risk of spreading through the Internet, and thus there is a need to punish such crime strictly. In light of the above, the court below's sentence ordering the defendant to complete the sexual assault treatment program for a fine of 4 million won and 40 hours is too uneased and unfair.

2. In light of the facts alleged in the grounds of appeal, the lower court’s sentence is too unfasible and unreasonable, considering the following factors: (a) the Defendant recognized the mistake and reflects the fact that there is no history of criminal punishment; (b) the elderly in the society where the Defendant was prepared for employment; (c) the Defendant’s parents are leading the Defendant; and (d) the motive and background of each of the of the of the crimes of this case; (b) the circumstances before and after the crime of this case; (c) the degree of damage; and (d) the Defendant’s character, conduct, environment, and family relationship, etc. as stated in Article 51 of the Criminal Act; and

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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