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(영문) 청주지방법원 2017.01.13 2016노684
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence of six months, 80 hours of community service, 40 hours of course in sexual assault treatment lectures, confiscation) is too uneasy and unreasonable.

2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.

A favorable circumstances: (1) The defendant recognizes a crime, and (2) the defendant has no criminal records of the same criminal records or suspended execution.

1. Unfavorable circumstances: ① The instant crime is a case in which female students and female students living in the room are exposed to the studio while working as the studio manager and taken pictures or videos using a cell phone for the purpose of leasing studio; ② the victims might have caused a considerable sense of sexual humiliation in light of the victims’ age, the studio, and the circumstances surrounding the studio; ② the victims want to be punished by the Defendant, and there was no change in the conditions of sentencing compared with the lower court’s judgment, and the determination of the lower court exceeded the reasonable bounds of discretion, considering the following factors: (a) there was no change in the conditions of sentencing compared to the Defendant’s submission of new sentencing data at the trial; and (b) other factors and statutory penalty, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, prosecutor's sentencing and warning 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 decided as per Disposition.

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