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(영문) 부산지방법원 2016.06.10 2016노644
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (5 million won in penalty, 80 hours in total, and confiscation) against the Defendant on the summary of the grounds for appeal is unreasonable because it is too uneasible.

2. The crime of this case committed by intrusion into public toilets and photographing the victim, which is not good in the nature of the crime, and the victim seems to have suffered a considerable sense of sexual humiliation due to the crime of this case, and committed the crime without being aware of it during the period of observe the protection and observation of juvenile offenders, is an unfavorable circumstance to the defendant.

However, in full view of the following: (a) the Defendant recognized the instant crime and is in profoundly against the Defendant; (b) the primary offender who has no criminal record or criminal punishment record; and (c) the Defendant’s photograph taken out cannot be seen as spreading out the pictures; and (d) other factors of sentencing specified in the instant argument, such as the background of the instant crime; (b) the circumstances after the instant crime; (c) the Defendant’s age; and (d) the Defendant’s age; and (c) the Defendant’s sexual behavior and environment,

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.

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