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(영문) 대전지방법원 2020.10.28 2019노3671
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Considering that the nature of the instant crime is extremely poor against the victims who have difficulty in living due to cerebral leend disorder, and that it does not peep the opening of the crime, such as denying the fact of the crime, and actively obstructed the investigative agency from securing evidence, the lower court’s punishment ( fine of KRW 7 million, order to complete a program) is too unreasonable.

2. We examine the determination of the grounds for appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently taken into account when determining the punishment at the lower court. Moreover, considering the fact relevance of the instant case as a primary offender with no criminal power at all, the Defendant, as a substitute, reflects the mistake in depth, and seems not to have leaked the motion picture taken in the process of the instant pleading, and the circumstances leading to the accusation, the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion, as it is too unfeasible.

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

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