성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is unreasonable because the suspended sentence of a fine of three million won imposed by the court below against the defendant is too uneasible.
2. The Defendant’s judgment on the grounds of appeal is an unfavorable circumstance to the Defendant, in light of the following: (a) the nature of the crime, such as collecting cell phones from the side partitions of public toilets and photographing the victim; and (b) the fact that the crime of this case appears to have been committed and that the mental shock that the victim would have received would have not been much significant; and (c) the Defendant might have suffered
On the other hand, however, the defendant's mistake recognized and divided, the first offense without any previous conviction, the victim's consent does not want punishment against the defendant, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, including the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., are obvious. Thus, the punishment imposed by the court below against the defendant is appropriate and the amount of the punishment is not unreasonable.
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.