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(영문) 대구지방법원 2016.07.06 2015노4620
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment, two years of suspended execution, 40 hours of order to attend a lecture, and 120 hours of community service) is too unhued and unreasonable.

2. In light of the method of committing the instant crime, the relationship between the victims and the Defendant, etc., there are unfavorable circumstances against the Defendant, such as the fact that the Defendant committed the instant crime, and the Defendant did not agree with the victims. Meanwhile, the Defendant recognized the instant charges, and reflects the Defendant, and there is no special criminal record other than once a fine due to the Defendant’s violation of the Act on the Protection, Use, etc. of Location Information, the Defendant did not appear to have taken pictures for a special purpose, and the Defendant did not leak or spread the pictures taken without showing any special purpose, and other sentencing conditions specified in the instant records and arguments, such as the Defendant’s character and conduct, environment, and circumstances after committing the instant crime, the lower court’s punishment is not deemed unfair, and thus, 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, and it is so decided as per Disposition.

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