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(영문) 대전지방법원 2015.12.02 2015노2367
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 4 million won of fine and 40 hours of completion of sexual assault treatment programs) of the lower court against the Defendant is too uneased and unreasonable.

2. The defendant, who made a judgment, has taken a dynamic image showing that several female victims might suffer from a dynamic image, and the fact that the dynamic image taken by the defendant is sufficient to give the victims a sense of shame is disadvantageous to the defendant.

However, the fact that the defendant led to the crime of this case and reflects his mistake, that the victim's personal information cannot be seen to have been taken, that the video taken by the defendant cannot be seen to have been disseminated, and that there is no specific criminal record in addition to the fact that the defendant was punished once by a fine due to the crime of this case, the fact that there is no specific criminal record is favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, there is no change in circumstances to determine different sentences from the lower court. As such, the lower court’s sentence is too uneasible and unreasonable, the Prosecutor’s allegation of unfair sentencing is rejected.

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

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