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(영문) 대구지방법원 2019.05.17 2018노4481
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment, two years of suspended sentence, two years of probation, community service order, 160 hours of community service order, 40 hours of attending lecture for sexual assault treatment, three years of restricted employment order, and confiscation) is too unfasible and unfair.

2. The crime of this case is acknowledged that the defendant invaded upon another's residence and taken the body of the female, and the nature of the crime is very not good, and the period of the use and photographing of the Kameras et al. is about one year, for a long period of time, and the frequency of the crime is about 19 times, and that the crime of this case seems to have been suffered by the female who suffered a large mental shock and sexual humiliation.

However, it is also recognized that the defendant's act of this case is recognized as committing the crime of this case, and the defendant's family members want to have the time to care through confinement life for about 12 days a month after being detained in the court of first instance, there is no criminal power, the victim's payment of KRW 3 million to F (tentative name), not spreading the photographed image, and the fact that the defendant's family members want to have a preference.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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