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(영문) 대구지방법원 2017.08.25 2017노1596
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a punishment of imprisonment with prison labor for one year, two years of suspended execution, a community service order 120 hours, and an order to attend a lecture for treatment of sexual assault for 40 hours) imposed by the lower court is too uneasible and unreasonable.

2. The judgment is based on the following facts: each of the crimes of this case is deemed to have provided the video images taken by the defendant to a third party; the nature of the crime is bad; the video images provided by the defendant are widely disseminated; and the victim and his family members inflict heavy mental impulses; but it is recognized that all of the crimes of this case are recognized by the defendant; the defendant agreed to pay the victim KRW 20 million to the victim and thus the damaged person is not punished by the defendant; the defendant does not have the same criminal record; the defendant does not have the same criminal record; and all of the sentencing conditions of the records and arguments of this case, including the defendant's age, sex, environment, family relationship, circumstances after the crime, etc., are not recognized to be unfair because the sentence of the court below is too uneasible. Thus, the 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, and it is so decided as per Disposition.

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