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(영문) 수원지방법원 2015.11.03 2015노4817
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal is that the defendant's physical body was taken of a woman who is shopping in a shopping mall or in flight of escalators, and the crime is not significant and good. The defendant committed each of the crimes of this case even though he was sentenced to criminal punishment twice for the same crime and was under the suspension of execution due to the same crime, and the victims did not recover from damage. In light of the above, the court below's sentence of ordering the victims to complete the sexual assault treatment program for five months and 80 hours is too unreasonable.

2. In light of all the circumstances alleged in the grounds of appeal, the lower court’s punishment is deemed unreasonable, considering the following: (a) the Defendant’s mistake is against the Defendant; (b) the impulse and background leading up to each of the instant crimes; (c) the circumstances before and after the commission of the crime; (d) the degree of damage; and (e) the character, conduct, and environment of the Defendant, which are conditions for sentencing, are considered, such as the records and arguments of the instant case; and (c) the aforementioned argument is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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