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(영문) 인천지방법원 2020.05.29 2019노3478
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a punishment of imprisonment for eight months, a stay of execution for two years, a probation, a community service, a lecture order of 120 hours, a lecture order of 40 hours, a three-year employment restriction order of 3 years, a forfeiture) imposed by the court below is too una

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data in the relevant trial, and in full view of the various sentencing conditions revealed in the instant pleadings, it cannot be deemed that the sentence imposed by the lower court is too low and so it goes beyond the reasonable scope of discretion.

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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