성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court (ten months of imprisonment, 80 hours of order to complete a program, 3 years of employment restriction order, confiscation) is too unreasonable.
2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the circumstances alleged by the Defendant on the grounds of unfair sentencing are deemed to have been reflected in the grounds for sentencing of the lower court. Moreover, in full view of the following: (a) there is no special change in circumstances to the extent of changing the punishment determined by the lower court in the trial; (b) the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime; and (c) other various sentencing conditions specified in the instant pleadings, including the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.
However, the judgment of the court below in Part 3, Paragraph 11 of Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202; hereinafter the same shall apply), Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202; hereinafter the same shall apply), Article 13 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 352 and 350(1) of the Criminal Act (amended by Act No. 15977, Dec. 18, 2018); Article 314(1) of the Criminal Act obstructs business.