logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.06.28 2015노6744
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal (unfair sentencing) is as follows: (a) the Defendant’s crime of this case is deemed to have taken pictures of the parts, etc. of the body of an unspecified number of women on several occasions using smartphones; (b) the Defendant committed the crime planned by installing and using a mobile phone fluoring system that does not have any sound at the time of shooting so that the crime is not discovered; and (c) the Defendant did not endeavor to compensate the victims for damage; and (d) the Defendant did not endeavor to complete the program for sexual assault treatment for a fine of KRW 5 million and 40 hours, and thus, it is unreasonable for the lower court to have imposed an order to complete the program for sexual assault treatment

2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unreasonable, taking into account the following factors: (a) the Defendant recognized a mistake and reflects the fact that there is no record of criminal punishment; (b) the motive and background of each of the instant crimes; (c) the circumstances before and after the commission of the crime; (d) the degree of damage; and (e) the character, conduct, and environment of the Defendant, which are conditions for sentencing, such as the records and arguments of this case. Therefore, the foregoing 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.

arrow