성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The defendant's appeal is dismissed.
1. The lower court’s sentence (a year and six months of imprisonment, a completion of a sexual assault treatment program, confiscation) against the Defendant on the summary of the grounds for appeal is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As new sentencing data are not submitted at the trial court, there is no change in the conditions of sentencing compared with the lower court’s judgment, and the circumstances alleged by the Defendant for unfair reasons for sentencing are deemed to have already been reflected in the sentencing reasons of the lower court. The Defendant, including the sentence, committed two criminal offenses; the Defendant committed the instant crime in the same criminal period; the Defendant committed the instant crime in the same way as a repeated offense; the Defendant committed the instant crime in the same way as a repeated offense; the Defendant continued to commit another crime in the course of trial on some preceding crimes; the Defendant committed the instant crime in light of the Defendant’s age, the Defendant’s sex, environment, motive, means, and consequence of the instant crime; and the circumstances presented in the lower court’s judgment that it is too inappropriate.
Defendant’s assertion is without merit.
3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.