성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. (1) Defendant (1) In the instant case, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which affected the conclusion of the judgment, even though the Defendant was physically and mentally weak due to depression, a sudden disorder, etc., at the time of the instant case.
(2) The sentence of the lower court’s improper sentencing (abs. 8 months of imprisonment, 40 hours of order, confiscation) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. Determination
A. According to the records on the Defendant’s assertion of mental and physical weakness, the fact that the Defendant was suffering from a disease, such as depression and depression disorder at the time of the instant case can be acknowledged. However, in light of the circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the details and methods of the instant crime, Defendant’s behavior and circumstance before and after the instant crime, etc., the Defendant had weak ability to distinguish things or make decisions at the time of committing the crime.
shall not be deemed to exist.
B. As to the allegation of unfair sentencing by the Defendant and the prosecutor, the crime of this case committed at will by the Defendant’s body of a woman in front of the train, etc., but the Defendant committed the crime repeatedly in a short period, and the Defendant committed the crime on May 15, 2014, by committing a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (voluntary indecent act), etc., and committing the crime of this case during the period of probation, the Defendant should be punished by severe punishment. However, considering the fact that the Defendant committed the crime of this case, and did not distribute photographs taken by the Defendant, and the health of the Defendant is not good due to depression, warning, etc., other Defendant’s age, sexual behavior, family environment, etc., the sentence of the lower court cannot be deemed as being too heavy or unreasonable.
3. Conclusion.