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(영문) 대구지방법원 2015.06.25 2014노3710
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fine of five million won and the order to complete a sexual assault treatment program 40 hours) declared by the court below is too unhued and unreasonable.

2. The crime of this case is heavier than that of the defendant, taking a part of the defendant's body, which could cause sexual impulses to many women, and thus, is found guilty of the crime.

Since the damage recovery or the victims did not reach an agreement, it is recognized that there is a need for the strict punishment of the defendant.

However, in full view of the following: (a) the Defendant did not have the same criminal power; (b) there is no history of criminal punishment heavier than that of the suspension of execution; (c) the Defendant appears to have not distributed photographs to a third party; (d) the Defendant recognized the Defendant’s mistake of committing the instant crime; and (e) the motive and background leading up to the instant crime; (e) the circumstances before and after the instant crime; (e) the Defendant’s age, character and conduct, and environment; and (e) all the sentencing conditions indicated in the records and arguments,

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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