성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (a punishment of imprisonment for not less than eight months, a suspended sentence of two years, a community service work, a sexual assault therapy for 40 hours, a seizure) imposed by the court below is too uneasible and unreasonable.
2. Circumstances unfavorable to the judgment on the grounds of appeal: The crime of this case shall be executed in the form of a balone photo affixed by the defendant without the consent of the victim, and the above photograph shall be disseminated as a retaliation against the victim's request by decision.
It is highly likely that the victim's actual photograph was sent to the male-child who started to teach, and there is a high possibility of criticism, the nature of the crime is poor, and the victim is expected to have suffered a big mental shock and suffering together with a considerable sense of sexual shame.
In light of the favorable circumstances: (a) the injured party does not want the punishment of the defendant in agreement with the injured party when the injured party was in the first instance; and (b) the accused reflects the crime of this case, and (c) the injured party must liquidate an inhumanity relationship with
that does not have the same power,
In light of the aforementioned favorable circumstances, including the Defendant’s age, sex, environment, family relation, motive, means, consequence, etc., and all the sentencing conditions indicated in the instant arguments and records, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.