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(영문) 수원지방법원 2016.11.03 2016노3383
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds for appeal (e.g., the gravity of the crime committed by the Defendant, the nature of the crime is not good, and the damage has not been caused, the court below’s sentence ordering a fine of KRW 3,00,000 and an order to complete a sexual assault treatment program for 40 hours is too uneasible.

2. In light of the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unreasonable, considering the following factors: (a) the Defendant’s mistake is against the Defendant; (b) there is no history of criminal punishment; (c) the deletion of photographs; and (d) the motive and background of the instant crime; (b) the circumstances before and after the instant crime; (c) the degree of damage; and (d) the character, conduct, environment, and family relationship of the Defendant as indicated in the instant records and pleadings; and (c) the aforementioned argument is not reasonable

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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