성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, 120 hours of community service order, and 40 hours of order to attend a lecture) that the court below rendered is too unfasible and unreasonable.
2. Each of the crimes of this case is an unfavorable circumstance to the Defendant, where each of the crimes of this case is deemed to have been committed by the Defendant, taking pictures of sexual intercourse, in which the nature and the circumstances of the crime were not less severe, the victim is seeking punishment against the Defendant, and it appears that the mental shock of the victim would be very high due to the instant crime.
However, the Defendant is the primary offender, and the Defendant appears to have an attitude of recognizing and reflecting all of the instant crimes, and the video of this case appears to have not been distributed to a third party, etc., in full view of the circumstances favorable to the Defendant and other conditions of sentencing, including the Defendant’s age, sexual behavior, environment, family relationship, and circumstances after the instant crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unfeasible.
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. It is so decided as per Disposition.