성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, two years of suspended sentence, 80 hours of community service order, and 40 hours of taking sexual assault treatment lectures) of the lower court is too unfasible and unreasonable.
2. Determination
A. The Defendant sent the instant video images, etc. to a male-child who promised to marry with the victim. The crime is bad, and the victim appears to have suffered a big mental impulse due to the crime of this case, and the fact that the victim was unable to reach an agreement with the victim, etc. is disadvantageous to the Defendant.
B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and reflects in depth on the instant crime; (b) the Defendant was detained for two months in the instant case; (c) deposited KRW 5 million in the trial for the victim; and (d) the Defendant’s age, circumstances leading to the commission of the instant crime; and (c) and other various circumstances that form the conditions for sentencing as indicated in the instant pleadings, such as the circumstances after the commission of the instant crime, the lower court’s punishment
C. Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.