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(영문) 대구지방법원 2019.05.03 2018노4357
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible that the sentence (a fine of five million won, a fine of forty million won, an order to complete a sexual assault treatment program; confiscation) imposed by the Defendant is too unfasible.

2. The crime of this case is found to have been committed by the Defendant, using his mobile phone camera in female toilets, to have taken the form of an unspecified female, and the nature of the crime is bad, and the victim seems to have been suffering from severe mental impulse and sexual humiliation due to this case, and the Defendant committed the crime of this case during the period of repeated crime, and the Defendant was sentenced to punishment due to violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Rape, etc.) and there are only one criminal record and one criminal record sentenced to suspended sentence and six criminal records sentenced to a fine.

However, it is also recognized that there is a family member to support the defendant, because the defendant recognized the crime of this case, immediately deleted photographs and did not leak them to other places, that the wife of the defendant who is Japan wanted to leave his wife, and that there is a family member to support the defendant.

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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