성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The prosecutor's appeal is dismissed.
1. The prosecutor's appeal of this case is with merit in light of the following facts: (a) the Defendant leased a commercial motor vehicle and used it for transport with compensation; (b) the victim under the influence of alcohol 19 years of age was on board and sexual intercourse with the motel; (c) the victim's body was taken by the victim; and (d) the victim's mental impulse seems to have been considerable; and (e) the victim was punished by the Defendant; and (e) the court below's sentence ordering the victim to complete the sexual assault treatment program for 20 million won and 20 hours of fine is too unfortuned.
2. In light of the facts alleged in the grounds of appeal, the lower court’s sentence is too unjustifiable and unreasonable, taking into account the following factors: (a) the Defendant recognized a mistake; (b) there was no history of criminal punishment for sex crimes; (c) the victim’s body was taken by pictures and videos; (d) the victim was immediately deleted; and (e) the motive and background of each of the of the of the of the of the instant crimes; (e) the circumstances before and after the commission of the crimes; (e) the degree of damage; and (e) the Defendant’s character and conduct, and the environment, etc., which are conditions for sentencing, are considered: (a)
3. The appeal by the prosecutor of the conclusion 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.