성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of KRW 5 million, order to complete a program 40 million, order to restrict employment one year, and confiscation) is too uneased and unreasonable.
2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no particular change in the sentencing conditions compared to the lower court’s judgment, and comprehensively taking account of the various sentencing conditions revealed in the proceedings of the instant case, the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too uneasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.