성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is as follows: (a) the lower court’s sentence (one million won in 3 million won in penalty) is too unhued and unreasonable.
2. Determination of the Defendant’s crime of this case is an unfavorable circumstance, such as the fact that the nature of the crime is not good, and that the Defendant was unable to reach an agreement with the victim up to the trial of the case.
On the other hand, the fact that the defendant recognized his mistake and reflects, the defendant appears to have caused contingent crimes of this case, the defendant appears to have failed to agree with the victim but appears to have made every effort to reach an agreement, the fact that the victim deposited KRW 2 million in the first instance and has been partly recovered, and the fact that the defendant is the first offender who has no criminal record is more favorable.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is too uneasible and it is not deemed unfair.
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.