성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Since the defendant had not actively refused to take photographs, there was no intention to commit a crime, and the defendant and the victim have taken photographs so that the face of the victim can be taken together, and there was no physical photograph that may cause a sense of sexual shame.
B. Unreasonable sentencing: One year of imprisonment and 40 hours of order to complete a sexual assault treatment program
2. Determination
A. The court below rejected the defendant's assertion in detail on the ground that the defendant's assertion of misunderstanding of facts is identical to the grounds for appeal in this part, and the court below also stated the defendant's assertion in detail at the bottom of the evidence of the judgment, and examined the contents of the judgment below by comparing them with the records, and therefore, this part of the defendant's assertion is without merit
B. In full view of the following: (a) there are several previous tasks in the judgment on the assertion of unfair sentencing; (b) repeated offenses during the same type of repeated crime period; (c) the victim of sexual intercourse was not agreed upon; and (d) other various conditions of sentencing as indicated in the instant argument, including the motive and circumstance of the crime; and the character, conduct and environment of the Defendant; and (c) the sentencing of the lower court does not seem to have been exceeded the reasonable scope of discretion; and (d) there is no change in the sentencing condition that can be deemed unfair to maintain the sentencing of the lower court as it is. Therefore, the sentence of the lower court cannot
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.