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(영문) 수원지방법원 2016.11.03 2016노3368
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor’s appeal (unfairness) of the crime of this case is unreasonable in light of the following: (a) the Defendant’s act of this case was committed in the course of 30 times by taking the chests and legs of a woman on a 30-time basis; (b) the risk of repeating a crime is not good; and (c) the victims have not been compensated for damage; and (d) the lower court’s punishment, which sentenced to fine 5,00,000 won and 40 hours of sexual assault treatment program order and confiscation

Judgment

In full view of the circumstances alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too uneasible and unreasonable, given that there is no record of criminal punishment, and there is no other history of criminal punishment, and all the conditions of sentencing as shown in the records and arguments of the instant case, such as the background and frequency of pictures of the Defendant, the age, character and conduct, environment, motive and circumstance of the crime, etc., the aforementioned assertion is without merit.

In conclusion, the prosecutor's appeal 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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