성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended sentence, 40 hours of community service, 40 hours of sexual assault treatment program, and confiscation) is too uneased and unreasonable;
2. Determination
A. It is recognized that the instant crime was committed in the same way 33 times by taking the parts of the body part of the victims in the same way, and that the liability for such crime was not less severe. Although the Defendant was sentenced to a fine of KRW 3 million for the same crime committed by the Seoul Central District Court on October 18, 2012, the Defendant again committed the instant crime, even if he was sentenced to a fine of KRW 3 million for the same crime, and the period of the instant crime was more than five months, and the victims are several persons.
B. However, in full view of the following circumstances: (a) the Defendant committed each of the instant offenses; (b) the Defendant was against himself/herself at the time of committing each of the instant offenses; (c) the Defendant was able to refrain from recommitting the family’s livelihood; (d) the Defendant did not have any particular criminal record other than one time of fine; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the offense; and (e) all other circumstances constituting the conditions for sentencing, such as the circumstances after the commission of the offense,
C. Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.