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(영문) 대구지방법원 2013.05.09 2012노3971
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the suspension of sentence of a fine of two million won, confiscation) imposed by the court below is deemed to be too uneasible and unfair.

2. The crime of this case is that the defendant taken the side of the victim's side by a camera located in a smartphone from the toilet, and the case is not less than that against the defendant, but is disadvantageous to the defendant, such as abandoning the cell phone distribution network in order to conceal the criminal facts at the time of the discovery of this case.

However, the defendant, as the first offender, should not repeat the crime of this case in depth, and the victim does not want the punishment of the defendant by mutual consent with the victim.

The defendant seems to have lived faithfully with the exception of the crime of this case, and the family members of the defendant also wanted the defendant's preference to the defendant, and have the guidance of the defendant.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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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