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대전지방법원 2017.05.17 2016노2896
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a prison term of six months, a stay of execution of two years, and an order to attend sexual assault treatment lectures and confiscation of forty hours) is too uneasy and unreasonable.

2. In light of the frequency and method of the crime, such as taking clothes and bodies of unspecified female victims who visited customers 56 times in a total of 56 months from the convenience store as an employee, and placing the personal information identified by using the student identification card of the victimized female, etc., the fact that the crime is very poor, and that the Defendant was punished by a fine for the same kind of crime around January 2014 is disadvantageous to the Defendant.

However, it is against the defendant's wrong recognition of all of the crime of this case, and the defendant does not repeat again.

There are extenuating circumstances, such as the fact that the Defendant was diagnosed by depression, coercion, etc. after the instant case, and under medical treatment, and that the Defendant’s family members want to have the Defendant’s wife against the Defendant.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sex, environment, motive, means, and consequence, there is no special change in circumstances that may otherwise determine the sentence and the lower court’s punishment, the lower court’s punishment is too uneasible and unreasonable.

Therefore, 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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