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(영문) 수원지방법원 2016.08.18 2016노1036
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor’s appeal (unfair sentencing) of the instant crime is unreasonable in light of the following: (a) the Defendant taken a body part of the victim’s body that may cause sexual humiliation or shame, such as her bet, her bet, etc., over 58 times in total; and (b) the nature of the crime is not good; (c) the Defendant’s order to complete sexual assault treatment programs for 6,000,000 won and 40 hours; and (d) the sentence of the lower court that sentenced the order to complete sexual assault treatment programs for 4

Judgment

The defendant's mistake is against the defendant's depth, and his family members are leading the defendant.

In full view of the facts alleged in the grounds of appeal, including the Defendant’s age, sexual conduct, environment, motive and background of the crime, photographing volume, and circumstances after the crime, etc., the Defendant did not seem to have any record of criminal punishment except for a fine of KRW 700,00 on December 10, 2010. In full view of all the conditions of sentencing as indicated in the instant records and pleadings, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too uneasible and unfair, so the above assertion is without merit.

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

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