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(영문) 인천지방법원 2014.02.07 2013노3168
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (one month imprisonment and two years of suspended execution, etc.) is too uneased and unreasonable.

2. Each of the instant crimes committed by the Defendant, based on the distorted perception of sex, is deemed necessary to punish the Defendant strictly, in light of the following: (a) the Defendant taken a part in a short period of time, taken a part of the body of many unspecified women, taken a part in a sexual intercourse with women; (b) the nature of the crime was bad; and (c) the victims were deemed to have caused considerable sexual humiliation due to each of the instant crimes; and (d) the Defendant did not agree with the victims.

However, in full view of the following factors: (a) the Defendant recognized each of the instant offenses; (b) the Defendant reflects his mistake in depth; (c) the photographed image appears to have not been distributed; (d) the Defendant did not have any other penalty power in addition to a fine once for the instant offense; and (e) the Defendant’s age, family environment, and circumstances before and after the commission of the offense; and (e) the sentencing conditions specified in the records and arguments, such as the Defendant’s age, family environment,

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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