성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
All appeals by the defendant and the prosecutor are dismissed.
The defendant shall pay 3 million won to the applicant for compensation for the trial.
1. As to the summary of the reasons for appeal (unfair sentencing) by the court below (a prison term of one year and six months, order to complete a program, confiscation), the defendant asserts that it is too unreasonable for the defendant to be too unreasonable, and that the prosecutor is too unfeasible and unfair.
2. It does not seem that there are new circumstances or special changes in circumstances that can be reflected in the sentencing after the decision of the court below was made, and furthermore, if the court below comprehensively takes into account the circumstances and various conditions of sentencing as revealed in the reasons for the sentencing as well as the records, the court below’s sentence was excessively heavy or unhued so that it exceeded the reasonable scope of discretion.
Therefore, the above argument by the defendant and the prosecutor is without merit.
3. In full view of all circumstances, such as the process of crime and records of shooting, degree of damage, and similar case, which are acknowledged by the evidence lawfully adopted and investigated by the court below as to the application for compensation order, the consolation money for mental damage suffered by the victim due to the crime committed by the defendant is reasonable (the part concerning the claim for compensation for delay does not fall under the "direct physical damage caused by the criminal act," which is the subject of the compensation order, and thus, the defendant and the prosecutor's appeal is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the ground that the appeal filed by the defendant and the prosecutor is without merit. However, since the application for compensation by the applicant for compensation by the court below is partially reasonable, it is so decided as per Disposition under Articles 25 (1) 1, 31 (1) and (3), 32 (1) 2, and 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Litigation.