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(영문) 부산지방법원 2018.07.13 2017노4849
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 million won in penalty amount, and 24 hours in sexual assault treatment programs) is deemed to be too uneasy and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant has a large number of criminal records against the Defendant, and that the Defendant taken the victim’s body that may cause a sense of shame over three times, etc. is disadvantageous.

However, the court below seems to have determined the punishment in consideration of the above circumstances, and there is no change in the sentencing conditions that may differ from the punishment of the court below in the court of the first instance, the defendant recognizes all of the crimes of this case in the court of the first instance and reflects them, the victim living together sought the wife of the defendant, and other favorable circumstances such as the defendant's age, sex, sex, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, relationship between the defendant and the victim, etc., and the sentencing equality of all the sentencing conditions as well as the like and similar cases mentioned in the records and changes in the records of this case, cannot be deemed unfair since the sentence imposed by the court below is too unreasonable.

We do not accept the prosecutor's improper argument of sentencing.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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