성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The defendant'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 and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.
2. Determination
A. The Defendant recognized the instant crime and is in profoundly against the Defendant.
In addition, there are extenuating circumstances for the defendant to be considered favorable to the defendant, such as that the defendant is currently suffering from depression due to growth in the family environment where one defendant is infinite.
B. However, not only the defendant had the same criminal record but also the defendant committed the crime of this case during the period of repeated crime. The crime of this case is very dangerous because the defendant prepared the device by using the defendant's work in the telecom and taken the other person's sexual intercourse head, etc., and the crime of this case is very bad, but if photograph or motion picture is distributed, the victim may suffer unexpected damage.
(c)
Considering such various circumstances as the defendant's age, sexual conduct, environment, motive and consequence of the crime, the circumstances after the crime, the contents of the photographed image, and the frequency of shooting, the punishment imposed by the court below is heavy.
shall not be deemed to exist.
3. Accordingly, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal of this case is without merit. It is so decided as per Disposition.