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(영문) 서울남부지방법원 2018.04.17 2016노2543
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasons for the prosecutor’s appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unhued and unreasonable.

2. The crime of this case is determined by the following: (a) the crime of this case is planned in advance, and is likely to be able to enter the women’s toilets, taking pictures of the damaged women’s appearance, which is very poor in the nature of the crime; and (b) considering the considerable mental shock that the damaged women suffered, the necessity of a strict association for such crime is recognized.

However, considering the above defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., as well as the fact that the defendant is a primary offender with no history of criminal punishment, and that the defendant seems to be against his/her wrongness, the court below's sentence is too uneasible and unfair. Thus, the prosecutor's above assertion is without merit.

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 decided as per Disposition.

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