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(영문) 인천지방법원 2017.09.27 2017노2034
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the community service order of 80 hours) is too uneased and unreasonable.

2. The Defendant: (a) 4 victimized women, who suffered tension by using mobile phones, emphasized her her mare and her bridge part; and (b) taken close her mare.

In consideration of the fact that the Defendant committed the instant crime even though he had been subject to punishment (one-time penalty, one-time suspension of the execution of imprisonment, and one-time suspension of the execution of the punishment) by putting her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her around the instant case before

However, the Defendant recognized the instant crime from an investigative agency to reflect in depth the mistake.

The body part of the woman taken by the defendant is mainly back, tamp, tamp, and leg part of the woman taken by the defendant, and it does not seem to be so big that it infringes on the victim's sexual humiliation. The video taken by the defendant while photographing a dynamic image was not exposed to the outside.

No criminal defendant shall have any criminal record or any criminal record of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kamera, etc.).

In full view of the sentencing conditions as shown in the records and arguments of this case, including the Defendant’s age, sex, family environment, family relationship, and circumstances after the crime, it seems more reasonable to impose the Defendant’s imprisonment and give him/her an opportunity to repeat as a member of society only once, rather than immediately isolation from society. As such, the sentence imposed by the lower court is too uneasible and unreasonable.

Therefore, the prosecutor's assertion on this part is not accepted.

3. The appeal by the prosecutor of conclusion is with merit.

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