logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.03.23 2015노1705
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the lower court rendered (3 million won in penalty, 40 hours in total, e.g., e., e., e., e., e., e., e.

2. Under our criminal litigation law, which takes the principle of trial-oriented and directness, there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There are unfavorable circumstances, such as that the Defendant has been subject to a disposition of suspending indictment for the same offense. However, while there are extenuating circumstances, such as the fact that the Defendant recognized all the facts charged in the instant case and reflects his mistake in depth, the number of the crimes in the instant case is not many, and the Defendant’s character and conduct, and other various circumstances revealed in the records and arguments, the prosecutor’s assertion is without merit, given that the sentence imposed by the lower court is too uneasible and unreasonable.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

arrow