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(영문) 의정부지방법원 2020.09.10 2020노1324
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (the original sentence: imprisonment with prison labor for one year, two years of suspended execution, 40 hours in course, community service, 200 hours in community service, 5 years of restricted employment, forfeiture)

2. We agree with the prosecutor's argument that the defendant's liability for the crime is heavy in light of the following: (a) the defendant's act of receiving the crime was inferior; and (b) the victims have no suspicion; (c) however, the court below's determination of the punishment is acceptable when examining the sentencing conditions under Article 51 of the Criminal Act, including the circumstances decided by the court below, and there is no illegality of unfair sentencing.

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.

[On the other hand, the summary of the second evidence of the judgment of the court below clearly clerical error shall be corrected according to Article 25 of the Regulations on Criminal Procedure by correcting the "1. Seizure Report" to "1. Seizure Report" and "Article 25 of the Regulations on Criminal Procedure" in Part 3.

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