성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal is too unhued and unreasonable.
2. In light of the period, frequency, etc. of the instant crime, the quality and circumstances of the crime shall not be mitigated.
However, there are some extenuating circumstances in that the defendant taken the form of victims at a distance similar to that of ordinary pedestrians, and at each angle, there is an agreement with some victims, and there is no criminal history.
In addition, comprehensively taking account of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, previous conviction, and circumstances after the commission of the crime, the lower court’s punishment is too uneasy and unreasonable.
Therefore, prosecutor's assertion is without merit.
3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is reasonable.