성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The prosecutor's appeal is dismissed.
The summary of the prosecutor's appeal grounds (unfair form) of the crime of this case is inappropriate in light of the following: (a) the defendant removed a house window in which the victim D is located at night; and (b) it is not good to have taken the body of the above victim by means of mobile phone camera by inserting the cell phone into the cell phone; (c) the defendant committed the crime of this case on a planned basis after blacking the object of the crime; and (d) the defendant committed the crime of this case on a high level of risk of recidivism; and (b) the order to complete the sexual assault treatment program and confiscation for 40 hours; and (b) the court below sentenced the order to complete the sexual assault treatment program and confiscation for 3
Judgment
In full view of the following facts: (a) the Defendant’s mistake is recognized, and it appears that the Defendant committed the instant crime contingently; (b) the degree of sexual humiliation is not much severe in light of the body parts of the victim D taken by the Defendant; (c) the victim expressed his/her intent not to have the Defendant punished; (d) the Defendant has no record of criminal punishment; and (e) other conditions of all sentencing specified in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) the circumstances after the commission of the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable; and therefore
In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.