성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (unfair punishment) of the lower court is unreasonable as it is too uneasible that the sentence of imprisonment (two months of imprisonment, two years of suspended execution, and forty hours of an order to attend a sexual assault treatment lecture) of the lower court is too uneas
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 court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the original judgment on the grounds that new materials for sentencing have not been submitted in the examination room and the trial room. In full view of the reasons for sentencing as stated by the lower court and the records of the instant case and the reasons for sentencing in the trial proceedings, the lower court’s sentencing is too unfluent and so it is not recognized that it exceeded the reasonable scope of discretion.
The prosecutor's assertion of unfair sentencing is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.