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(영문) 수원지방법원 2015.06.30 2015노1365
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal grounds (e.g., a form of unfair) of this case is unreasonable in light of the following: (a) the Defendant’s order to complete sexual assault treatment programs for a fine of two million won or more and forty (40) hours, in the light of the following: (b) the Defendant taken a part of the body part of the victim’s front front of the subway train by using smartphones with a camera function; (c) the damage recovery is not performed; and (d) the Defendant’s proper sentence is necessary even for recidivism prevention and rehabilitation; and (e) the Defendant’s order to complete sexual assault treatment programs for a fine of two

2. In light of the following: (a) the Defendant’s mistake is against the judgment; (b) the Defendant has no record of criminal punishment; (c) the Defendant directly deleted the victim’s photograph and did not spread it to a third party; and (d) other various factors, including the motive and background of the instant crime; (b) the circumstances before and after the instant crime; (c) the degree of damage; and (d) the Defendant’s character and conduct, and the environment, which are conditions for sentencing, are considered; and (c) the lower court’s punishment is not deemed unreasonable even if all the circumstances alleged in the grounds for appeal are considered, taking into account

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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