성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won of punishment, 400,000 won of punishment, 40 hours of order to complete a program, confiscation) is too unreasonable.
2. Determination
A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.
However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.
In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.
In the absence of such exceptional circumstances, it is desirable to respect the first instance sentencing determination (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) In most cases, the circumstances alleged by the Defendant as an element favorable to sentencing in the trial at the trial of the lower court were revealed in the proceedings of the lower court, and there is no particular change in circumstances related to the matters subject to sentencing after the pronouncement of the lower judgment.
Along with the fact that the Defendant has no record of committing a crime exceeding the same criminal history or fine, and that the photographing material does not seem to have been leaked out of the outside, considering the circumstances that the Defendant used the criminal implements of internal carmeras, and that the Defendant is using obscene drawings in the toilet column subject to shooting, etc., and that the crime is relatively planned to be deemed to have been committed by the impulses between the day and the day.