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(영문) 수원지방법원 2015.05.07 2014노5893
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal is that the court below’s sentence ordering a fine of KRW 3 million and a fine of eight hours to complete a sexual assault treatment program is too unreasonable in light of the following: (a) the defendant in this case is deemed to have taken a dead body against the will of the victim E and inflicted bodily injury on the spouse H; and (b) the gravity of the crime is recognized; and (c) the victim E does not recover from damage.

2. The judgment of the court below is against the defendant's wrong, and there is no record of criminal punishment except for a fine imposed once due to the violation of the Road Traffic Act, and the victim H does not want the punishment of the defendant. In light of the motive and circumstances of each of the crimes of this case, the circumstances before and after the crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character and behavior and the environment as shown in the records and arguments of this case, considering all of the circumstances alleged in the grounds for appeal, the court below's punishment cannot be deemed as being too unjustifiable, and therefore there is no reason for

3. The prosecutor's appeal of 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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