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(영문) 수원지방법원 2016.06.16 2015노6778
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal (unfair sentencing) is as follows: (a) the crime of this case is not good in quality that the defendant taken the sche of victimized women several times in subway escalators and stairs; (b) the defendant, despite a disposition of conditional suspension of prosecution on the part of the education for preventing recidivism, was conducted without completing education; and (c) the defendant committed a second offense without undergoing investigation by an investigative agency; and (d) the same crime is repeated even after being investigated by an investigative agency; and (c) it seems that there is no opening. In light of the above, the court below's sentence that sentenced the order of suspension 2 years of imprisonment, probation observation, and community service order for 80 hours and the order of lecture for sexual assault treatment for 40 hours is too uneased and unfair.

2. That the judgment of the Defendant recognized the mistake and reflects, that there was no history of criminal punishment, that was a university student at the time of the instant crime, that was not spreading the photographed video, and that it did not repeat the crime.

In light of the circumstances alleged in the grounds of appeal, the lower court’s punishment is too uneasible and unreasonable, considering the motive and background of each of the instant crimes, the circumstances before and after the commission of the instant crimes, the degree of damage, and other various matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character and conduct, and the environment, etc. as shown in the records and arguments of this case. Therefore, the aforementioned assertion is without merit.

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

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