성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution, and 120 hours of the order to attend school) is too uneasible.
2. The judgment of the court below is an unfavorable circumstance to the defendant, in light of the following: (a) the defendant taken a dynamic image of the sexual intercourse with the victim prior to the death of the victim and threatened the victim by using it; and (b) the victim seems to have suffered serious mental pain due to the act of the defendant in light of the content and duration of the intimidation in this case.
On the other hand, the fact that the defendant is recognized as all of his criminal acts and is against the defendant, and that the defendant has no record of being punished for the same crime or suspension of execution or more than three times other than the fine due to drinking driving is favorable to the defendant.
In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, character and conduct, family relationship, environment, occupation, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s allegation above is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.