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(영문) 창원지방법원 2019.02.21 2019노72
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (each of the crimes listed in Nos. 1 to 6 of the List of Crimes in Attached Table 1 to the original judgment, and the crimes listed in Nos. 2 to 1 and 2 of the List of Crimes in Attached Table 2: Imprisonment for two months, and the remainder of the crimes listed in the original judgment: imprisonment for eight months, order to complete a sexual violence treatment program, 40 hours, 3 years, and confiscation) of the lower court is deemed unfair.

2. The Defendant, upon intrusion into public women’s toilets, taken a brupt image of unspecified women. In light of the method of crime, frequency of crime, period of crime, etc., the liability for the crime was very serious in light of the method of crime, the number of crimes, the period of crime, etc., and the fact that the victims were suffering from the crime of this case seems to have considerable mental shock, the Defendant has a history of criminal punishment for the same crime, and that there was no agreement with the victims, etc. are disadvantageous

However, in full view of the favorable circumstances such as the recognition of all crimes, the spread of photographs and videos taken by victims, etc., and other favorable factors such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crimes, etc., it is difficult to deem that the lower court’s punishment is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

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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