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(영문) 창원지방법원 2017.08.31 2017노1291
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution, confiscation, community service, and eight hours of taking sexual assault treatment lectures in the period of eight months of imprisonment) is too uneasy and unreasonable.

2. We examine the judgment, the defendant has no criminal records of the same kind or suspended execution, and the defendant deposited 3 million won in order to recover the victim's damage is a favorable reason for sentencing. The crime of this case is a reason for sentencing that the employer installed a camera at the toilet of the office and taken the victim, and the crime of this case is not good in quality, and that the defendant did not receive a letter from the victim.

In full view of all the above sentencing factors, the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other matters on the sentencing indicated in the records and arguments on the change of the circumstances, the judgment below’s punishment is deemed appropriate, and the prosecutor’s assertion is without merit, since there is no change of circumstances to be considered in the trial.

3. In conclusion, 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.

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