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(영문) 청주지방법원 2016.07.22 2015노1469
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the suspension of sentence of three million won or more) is unreasonable because it is too unfilled.

2. 판단 이 사건 범행은, 피고인이 자신의 휴대전화에 내장된 카메라를 이용하여 불특정 다수 여성의 치마 속을 몰래 촬영한 것으로, 범행 횟수와 범행 방법, 피해의 정도 등을 고려할 때 그 행위 불법의 가벌성이 결코 가볍지 않으므로, 피고인에 대하여 엄정( 嚴正) 한 처벌을 할 필요가 있다.

However, there are the following favorable circumstances for the defendant.

The Defendant appears to have committed the instant crime in a timely fashion and committed the instant crime in depth.

On August 19, 2015, the Defendant agreed with the victim of the crime and expressed his/her intent not to have the victim punished. In the case of the remaining victims, it seems that the agreement was not reached because the victim could not know his/her identity.

In light of the fact that the defendant does not repeat again, the father of the defendant seems to endeavor to prevent recidivism, and that the defendant is still a university student of 25 years of age and has lived faithfully without any criminal history, it is considered to be highly good.

The second damage seems not to have occurred due to the lack of circumstances, etc. that the defendant could share the videos taken as above to others.

In addition, comprehensively taking account of various circumstances such as the Defendant’s age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s sentencing is deemed to be too uneasible and unfair.

Therefore, the prosecutor's ground of appeal cannot be accepted.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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