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(영문) 창원지방법원 2017.02.09 2016노2539
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for a year of imprisonment, forty hours of lectures for sexual assault treatment, and one hundred and sixty hours of community service) is too uneasy and unreasonable.

2. In full view of the following facts: (a) the Defendant’s crime of spreading the videos of which the head of the sexual relation is exposed to poor quality; (b) the Defendant recognized his mistake and reflects his reflects it; (c) the Defendant was an initial offender who has no record of crime; (d) the Defendant made efforts to agree with the victim; (c) the Defendant rendered a community service order of 160 hours along with the suspended execution of imprisonment; and (d) other matters concerning the Defendant’s age, sex, environment, circumstances leading to and motive for the crime; and (e) circumstances after the crime; and (e) the records and changes of the instant case, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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