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(영문) 서울동부지방법원 2020.04.09 2019노1668
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal argues that the Defendant asserts that the sentence of the lower court (ten months of imprisonment, orders to attend lectures, confiscation, and restriction on employment) is too unreasonable, and the prosecutor asserts that the sentence of the lower court is too uneasible and unreasonable.

2. The judgment of the court below agreed on the defendant's intrusion upon residence, and recognized the defendant's crime with regard to the attempted use of a camera and other crimes in the trial, and the fact that the defendant agreed additionally with the victim is favorable.

However, considering the fact that the defendant committed the crime of this case while the defendant was under the suspension of execution due to the same crime, and the victim received considerable mental impulses, the sentencing of the court below seems to have been appropriately determined by fully considering all the circumstances, including the various sentencing grounds asserted by the defendant and the prosecutor, so the argument of unfair sentencing by the defendant and the prosecutor is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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