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(영문) 대전지방법원 2020.04.08 2019노1220
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is very poor in light of the substance of the instant crime. Considering the fact that the risk of secondary damage by the video posted by the Defendant is very high, the lower court’s punishment of KRW 4 million is too uneasible and unreasonable.

2. We examine the judgment, and examine the above circumstances asserted by the prosecutor in the court below, and consider the above circumstances as sufficient in determining the punishment at the court below. Moreover, even in light of the fact that the defendant led to the confession of the crime in this case with no criminal power at all, and reflects the truth in depth, and the various sentencing factors revealed in the proceedings of the arguments in this case, such as the family relationship of the defendant, it does not seem that the sentencing of the court below exceeded the reasonable scope of discretion because it is too unfeasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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