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(영문) 수원지방법원 2017.06.08 2016노7826
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds of appeal (unfair sentencing) in light of the fact that it appears that sexual humiliation and mental impulses were caused by the instant crime, and that no compensation for damage was made, etc., the lower court’s sentence that sentenced to fine 2,00,000 won, orders to complete sexual assault treatment programs for 40 hours, and orders to confiscate sexual assault treatment programs for an excessive period is unreasonable.

2. In full view of the circumstances alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unfair, given that there is no record of criminal punishment, and all the conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, sex behavior, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the aforementioned assertion is without merit.

3. The appeal by the prosecutor of the 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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