성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 7 million, order to complete a sexual assault treatment program for 40 hours, and confiscation) is too uneasy and unreasonable.
2. The fact that the Defendant repeatedly committed the instant crime without being aware of the fact that he/she was sentenced to a two-year suspended sentence for the same offense, even though he/she was sentenced to a two-year suspended sentence for the same offense, and that he/she did not agree with the victim, and that the damage was not recovered,
However, there are extenuating circumstances, such as the fact that the defendant recognized the crime of this case, the fact that there was no additional damage, such as the spread of photographs taken by the defendant, the fact that the family members and branch members of the defendant want to leave the defendant's wife against the defendant, and the defendant is going to move to a female-child marriage and marriage.
In full view of the above circumstances and other circumstances, including the Defendant’s age, sex, environment, motive, means, and consequence, there is no special change in circumstances that may otherwise determine the sentence and the lower court’s punishment, the lower court’s punishment is too uneasible and unreasonable.
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 on the grounds that the appeal is without merit. It is so decided as per Disposition.