성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is too unfasible to the lower court’s sentence.
2. The judgment of the defendant would have committed another crime even though he/she had been under investigation as a part of the crime.
However, prior to the crime of this case, there is no record that the defendant was punished for the same kind of crime, and his mistake is divided in depth.
In addition, considering the motive, means, and result of the instant crime, the Defendant’s age, sexual conduct, environment, health status, previous conviction, and circumstances after the instant crime, all the sentencing circumstances indicated in the record are deemed unfair because the lower court’s punishment is too uneasible.
Therefore, 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 appeal is without merit.