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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2020.12.02 2020노1182
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of not only the Defendant committed the instant crime on the basis of distorted sex, but also the nature of the crime in light of the method and content of shooting, but also the sexual humiliation of the victims resulting therefrom, etc., the lower court’s punishment (the suspension of sentence of KRW 3 million as fine) is too uneasible and unreasonable.

2. We examine the judgment on the grounds of appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently taken into account when determining the punishment at the lower court. Moreover, considering the following factors: (a) the Defendant, who did not have any criminal power, was at the time of committing the instant crime; (b) was aware of the mistake; and (c) the degree of bodily exposure of the victims expressed in the photographs is relatively weak; and (d) other various sentencing factors revealed in the oral proceedings of the instant case, the lower court’s sentencing is too unfeasible and it does not seem to have exceeded 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 on the ground that it is without merit. It is so decided as per Disposition.

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