성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The defendant's appeal is dismissed.
The summary of the grounds for appeal (unfair punishment) that the court below sentenced (six months of imprisonment, two years of suspended execution, three years of restricted employment order) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following: (a) there is no change in the conditions of sentencing compared to the original judgment as the materials for new sentencing have not been submitted at the trial court; and (b) in full view of the reasons for sentencing as stated by the lower court and the reasons for sentencing as indicated in the instant case records and the trial process, the lower court’s sentencing is too large and thus, is not recognized to have exceeded the reasonable scope of discretion.
Therefore, the defendant's assertion is not accepted.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.