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(영문) 수원지방법원 2017.05.11 2016노6658
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal is that the court below’s sentence imposing an order to provide community service for two years, 160 hours, and to attend a lecture for sexual assault treatment for 40 hours is too uneasible and unreasonable in light of the following: (a) the victim’s sexual humiliation and mental impulse was likely to have been caused by the instant crime; and (b) the victim I did not compensate the victim I for damage.

2. In full view of the circumstances alleged in the grounds of appeal, such as the fact that the Defendant recognized the mistake and reflects, the fact that there is no record of criminal punishment for the same kind of crime, the victim E and H expressed an intention that the Defendant does not want the punishment of the Defendant, and other conditions of all the sentencing as shown in the records and arguments in the instant case, including the Defendant’s age, sex, criminal conduct, environment, motive and background of the crime, degree of damage, degree of damage, and circumstances after the crime, the lower court’s punishment is too uneasible and it is not deemed unfair, and therefore,

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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