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(영문) 대구지방법원 2019.05.24 2018노4844
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (ten months of imprisonment, two years of suspended sentence, confiscation, 240 hours of community service order, 40 hours of sexual assault treatment program, 5 years of restricted employment order) is too uneasy and unfair.

2. The judgment of this case is recognized that the defendant planned to conceal the cell phone camera in a planned way and taken a spons of the victimized women who were working club members on several occasions, and that the crime is very bad, the crime is not committed, the victims and the victims did not agree with each other, the victims want to take a strict punishment against the defendant, and the defendant has already been punished three times for the crime of double-class crime.

However, it is also recognized that the defendant recognized all of the crimes of this case, there is no criminal record exceeding the same kind and fine for the defendant, the images taken by the victims are not disseminated, and the defendant was dismissed from his workplace due to the crimes of this case.

In addition, in full view of various circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc., it is not recognized that the lower court’s punishment is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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