성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (one year of suspended sentence in April, 40, 40 hours of taking sexual assault treatment lectures, confiscation) is too uneased and unreasonable.
2. Determination
A. We examine the determination of the unfair argument of sentencing: (a) the defendant's mistake is recognized and against the defendant; (b) the primary offender is the primary offender; and (c) the video recorded appears to have not been disseminated to a third party; and (d) the victim's appearance against his will is a favorable reason for sentencing; (b) the victim's appearance is inappropriate by photographing against his/her will; and (c) the victim has not been agreed upon or has not been supported by recovery from damage is a reason for a unfavorable
The Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is reasonable, in full view of the following: (a) the Defendant’s age, sexual conduct, career, family relation, economic situation, background and motive leading up to the commission of an offense; (b) circumstances after the commission of an offense; and (c) other matters regarding the sentencing as indicated in the records and arguments on changes
B. If a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) which is subject to ex officio judgment on the period of registering personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of the competent police agency pursuant to Article 43
In full view of the statutory penalty, nature of the crime, the circumstances leading up to the aggravation of concurrent crimes, etc., the lower court’s determination that the period of registration of personal information under Article 45(4) of the Act on Special Cases Concerning the Punishment of Sexual Crimes does not constitute a short-term period than the period following the sentence, is just and acceptable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.