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(영문) 대구지방법원 2014.06.12 2013노4078
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (Suspension of sentence, forfeiture) is too unfased and unfair.

2. The Defendant is a primary offender. The instant crime is a single offender, and the Defendant taken six telegraphs of the victims who play water at a bathing beach, and does not take a specific part, such as the stoma inside and outside the beach, and thus, the crime is relatively weak.

The defendant reflects the wrongness of the defendant, and agreed with the victims who can communicate with him/her, which is clear of social importance, such as he/she faithfully attends the company.

In full view of equity in the punishment of similar cases and all other conditions of sentencing as shown in the records and arguments, such as the age, character and conduct, environment, etc., the sentence imposed by the court below cannot be deemed unfair because it is too uneasible.

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

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