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(영문) 대구지방법원 2018.05.04 2017노4779
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a punishment of imprisonment for eight months, a suspended sentence of two years, a community service order and a sexual assault treatment order for 40 hours) imposed by the court below is too uneasible and unreasonable.

2. The crime of this case is recognized that the defendant has repeatedly taken the body of the victimized female in total 29 times from the PC room toilets, and that the crime is not less than that against the victim, and that the defendant did not agree with the victims.

However, it is also recognized that the Defendant recognized all the facts charged in the instant case and reflected his mistake, and that the video recorded by the Defendant appears not to have been disseminated externally, and that it is necessary to consider equity in the case of judgment at the same time with the previous conviction in a single concurrent relationship after Article 37 of the Criminal Act.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, etc.; and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentencing of the lower court is not unfair.

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

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