성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The defendant's appeal is dismissed.
1. In light of the summary of the grounds for appeal of this case, the punishment of the lower court (the first crime: imprisonment with prison labor for 10 months, the second crime in its holding: imprisonment with prison labor for 6 months, the completion of sexual assault treatment program 40 hours, and 3 years restricted on employment) is unreasonable.
2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and in full view of all the factors indicated in the records of this case, the lower court’s sentencing was imprisoned and exceeded the reasonable scope of discretion.
3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.