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(영문) 수원지방법원 2019.09.20 2019노4193
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (two months of imprisonment, two years of suspended execution, 80 hours of an order to attend a sexual assault treatment lecture, 3 years of an order, etc. related to children and juveniles and employment-restricted order for welfare facilities for disabled persons) is too unfluent and unreasonable.

Judgment

There is no change in the conditions of sentencing compared with the original judgment because new sentencing materials have not been submitted in the trial, and comprehensively taking account of all the reasons for sentencing indicated in the records of this case, it cannot be deemed that the lower court’s sentencing has exceeded the reasonable scope of discretion because it is too unhued.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit

(However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, the part of "the accused's partial statement" in the summary of the evidence shall be corrected to "court statement of the accused".

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