성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (unfair punishment) of the lower court (one year of imprisonment, two years of suspended execution, etc.) shall be too unhued and unreasonable.
Judgment
The lower court, under a unfavorable circumstance, determined a punishment by taking into account (i) the fact that the Defendant assaults the victim’s body against the victim’s will and is not good to form a crime by photographing the victim’s body; (ii) the physical and mental pain and sexual humiliation of the victim appears to have been extreme; and (iii) the fact that all facts charged are recognized as favorable facts charged and reflects; and (iv) there is no record of punishment for the same kind or punishment.
The lower court appears to have fully considered various sentencing conditions, and there are no new circumstances or special changes in circumstances that can be reflected in the sentencing after the sentence of the lower judgment.
In addition, even if the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, and the various conditions of sentencing indicated in the instant pleadings and records, such as the circumstances after the crime, are comprehensively considered, it cannot be deemed that the lower court’s punishment is too light beyond the discretionary scope.
Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “sexual crime”) prior to the ex officio determination on an order to restrict employment under the Act on Welfare of Persons with Disabilities, stipulates that a person who was sentenced to a sex offense against a child or juvenile or a sex offense against an adult (hereinafter referred to as “sexual crime”) shall not operate a facility, institution, or place of business under any of the following subparagraphs (hereinafter referred to as “child or juvenile-related institution, etc.”) or shall not provide a person with employment or actual labor to a child or juvenile-related institution, etc., and uniformly set the period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “period of restriction on employment”).
In addition, the Act on Welfare of Persons with Disabilities was amended by Act No. 15904 on December 11, 2018.