성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
All appeals filed by the defendant and prosecutor are dismissed.
1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court (two months of imprisonment and two years of suspended execution, etc.), the Defendant asserts that it is unreasonable to order the Defendant to put an employment restriction for two years in light of the circumstances where the Defendant’s punishment is too heavy and, in particular, it is difficult to view that the risk of recidivism exists, and the prosecutor asserts that the punishment is too uneasible and unreasonable.
2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing legal doctrine, determined the sentence by comprehensively taking account of the various circumstances as stated in its reasoning.
In addition to the circumstances indicated by the court below, there is no new circumstance to change the sentence of the court below in the court below, and it is difficult to view that there is no risk of re-offending or is very low in light of the victim's physical exposure, etc. as indicated in the background of the shooting of this case
In addition, considering the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, all of the sentencing conditions shown in the instant pleadings, the sentencing of the lower court is too heavy or it is deemed that the lower court exceeded the reasonable scope of discretion.
Defendant
The prosecutor's assertion is without merit.
3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.