성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.
2. The determination of the crime of this case is not against the nature of the crime in light of the period and frequency of the crime, the contents of the photographic image, etc.
However, in full view of the following circumstances: (a) the Defendant’s mistake was recognized by the lower court; (b) the first offender was the first offender; (c) there was no special change in circumstances after the sentence of the lower judgment; and (d) the Defendant’s age, sex behavior, environment, motive and circumstance of the crime; and (b) other circumstances that form the conditions for sentencing as indicated in the instant case’s records and theories, such as the circumstances after the crime was committed, the lower
Therefore, the prosecutor's assertion is not accepted.
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.