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(영문) 수원지방법원 2016.06.23 2015노6914
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal (unfair sentencing) is as follows: (a) the Defendant entered a church's accommodation room for female workers, installed a shower, and attempted to take or photograph the victim's body more than 20 times; (b) it is not good to commit the crime; and (c) it seems that the victim's sexual humiliation or fear was considerable; and (d) there is a need to strictly punish the crime because the crime of photographing another person's body is increasing by using various types of cameras, and thus, there is a need to punish such crime. In light of the above, the court below's sentence imposing a fine of KRW 3 million and 40 hours order to complete a sexual assault treatment program is too uncomfortable and unfair.

2. The judgment of the court below recognized the defendant's mistake and reflects the fact that the plaintiff's establishment was found in the aftermamerasia established by him, and acknowledged the fact of crime immediately after the church transfer history; the college students were born at the time of each of the crimes of this case and there was no record of criminal punishment; the defendant was treated with impulse disorder and depression after the crime of this case; the defendant's parents were under counseling treatment; the defendant's parents were leading; and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's personality and behavior, and environment, are considered in light of the motive and background of each of the crimes of this case; the situation before and after the crime of this case; the degree of damage; and other various matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, including the records and arguments of this case, the court below's punishment is too unjustifiable and unfair

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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