성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (amounting to 6 million won, amounting to 40 hours’ sexual assault treatment programs, amounting to 40 hours’ sexual assault treatment programs, confiscation) is too uneased and unreasonable.
2. In light of the fact that the Defendant again committed the instant crime even though he had the record of punishing the Defendant for committing the instant crime by means similar to the instant case, the nature of the instant crime is inferior.
However, in light of the fact that the defendant is arrested as a current offender and seized the cell phone device in which the video or photograph is stored, and accordingly the video or photograph is not leaked, the defendant repented and reflects his mistake, the defendant has no other penal force except the punishment imposed once by the above crime, the defendant has completed the conscientious and medical treatment and sexual assault treatment program in good faith, and the defendant's family and person request the preference and support for the defendant, etc., the sentence of the court below cannot be deemed to be unfair because it is too unfeasible.
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.