logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.01.19 2016노1868
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (one year of imprisonment, 80 hours of order to complete a program, and 2 years of order to disclose and notify) by the court below is too unfasible and unfair.

2. In light of the content and circumstances of each of the instant crimes, the crime is not less complicated, and the Defendant was sentenced to punishment for the same or similar crimes, such as theft and forced indecent conduct in the past, and the Defendant was released from prison due to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use of cameras, etc.) and committed the instant crime again during the period of repeated crime, and the Defendant still did not reach an agreement with the victims, etc. are disadvantageous to the Defendant.

However, in full view of the following facts: (a) the Defendant’s mistake is recognized and against the Defendant; (b) the photograph of the victimized female appears not to have been disseminated externally; and (c) the scope of theft damage is not relatively heavy; and (d) other various sentencing conditions in the records and arguments, such as the Defendant’s age, sexual behavior and environment; and (b) circumstances after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed to be unfair because

Therefore, prosecutor's assertion is without merit.

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.

arrow