성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (five million won in punishment, and forty hours in completion of sexual assault treatment programs) is deemed to be too uneasy and unfair.
2. The judgment is based on the following reasons: (a) the Defendant made a confession of the offense while committing the offense; (b) the primary offender is the first offender; and (c) the health status is not good (class 2 of intellectual disability, class 3 of brain disease); (d) the injured party is seeking the punishment of the Defendant because it is not agreed with the victim; and (e) the victim’s photograph is distributed to three persons on four occasions, and the crime is not good.
In full view of all the above sentencing factors, the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other matters on the sentencing indicated in the records and arguments on the change of the circumstances, the judgment below’s punishment is deemed appropriate, and the prosecutor’s assertion is without merit, since there is no change of circumstances to be considered in the trial.
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.