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(영문) 서울중앙지방법원 2020.07.24 2019노3835
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for one year, two years of suspended sentence, 40 hours of lecture attendance order for sexual assault therapy, 5 years of employment restriction order) imposed by the court below is too uneasible and unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

As stated in the reasoning of the sentencing, the lower court determined the sentence in consideration of the favorable circumstances and unfavorable circumstances for the Defendant, and there is no change in the sentencing conditions of the lower court because new sentencing materials have not been submitted in the trial, and in full view of all the sentencing conditions of the Defendant, including the Defendant’s age, character and conduct, environment, family relationship, circumstances and result of the crime, etc., it cannot be deemed that the lower court’s sentence is too weak.

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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