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(영문) 대구지방법원 2020.05.22 2019노3110
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in October, 40 hours of sexual assault treatment lectures, and 5 years of restriction on employment) is too uneased and unreasonable;

2. The crime of this case is deemed to have taken pictures of women who intruded into women's toilets of commercial buildings used by many and unspecified persons on several occasions and are viewed as a mobile phone, and is not very good in light of the motive and method of the crime, the period and frequency of the crime.

However, the Defendant did not have any record of punishment as well as the previous criminal acts of the same kind, and did not repeat again his mistake in depth, and it seems that there was no additional damage, such as leakage and distribution of video images taken by the Defendant, and received a letter from some victims.

In addition, in light of the character, health status, family and social relation of the defendant, the background and result of the crime of this case, circumstances after the crime, and other circumstances that can be known by the records, etc., the sentencing of the court below shall be appropriate and shall not be deemed to have abused its discretion or exceeded its discretionary limits.

Therefore, 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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