성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. In light of the substance of the grounds for appeal in the instant case’s crime and the fact that the risk of reoffending is high in light of the Defendant’s criminal records, etc., the lower court’s punishment (a fine of KRW 5 million, completion of a sexual assault treatment program 40 hours, and confiscation) is deemed unreasonable.
2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even in light of the materials submitted at the trial court, there is no significant change in the sentencing conditions compared to the original judgment, and in full view of all the factors indicated in the record of the instant case, the lower court’s sentencing is unfeasible, thereby exceeding the reasonable scope of discretion.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.