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(영문) 수원지방법원 2016.07.14 2016노224
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 committed by the defendant by drilling the hole in shopping bags, inserting the cell phone into the cell phone, and is not good to be committed by photographing the body parts of the damaged women, etc.; (b) the defendant planned to commit the crime of this case and committed the crime of this case up to 24 persons; and (c) the crime of taking another person's body by using the cell phone is increasing and there is a risk of spreading it through the Internet; and (d) there is a need to strictly punish such crime. In light of the above, the sentence of the court below which sentenced the order to complete the sexual assault treatment program for a fine of 4 million won and 40 hours is too uneasy and unreasonable.

2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unreasonable, considering the following: (a) the Defendant recognized the error; (b) there is no record of being punished for the same kind of crime or of being subject to criminal punishment exceeding the fine; and (c) other various matters stipulated in Article 51 of the Criminal Act, such as the motive and background of each of the instant crimes; (b) the circumstances before and after the commission of the instant crimes; (c) the degree of damage; and (d) the character, conduct, environment, and family relationship of

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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