성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the punishment (3 million won in penalty, 40 hours in total, and 40 hours in total) of the lower judgment is too unfasible and unfair.
2. The judgment of the court below is recognized as a crime of this case and it is deemed that there is no additional damage, such as the Defendant’s first offender who has no record of punishment prior to the instant case, the Defendant’s removal of the photograph taken by the victim, and the spread of the photograph taken by the victim. In full view of the Defendant’s age, sexual behavior, environment, background and motive leading to the instant crime, and all other matters pertaining to the sentencing as indicated in the records and changes in the records of this case, the sentence of the court below is too uneasible and unreasonable. Thus, the prosecutor’s 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 prosecutor's appeal is without merit. It is so decided as per Disposition.