성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The prosecutor's appeal is dismissed.
1. The sentencing of the court below on the gist of the grounds of appeal (the sentence of two years of suspended sentence for one year, the order to attend sexual assault therapy for 80 hours, the order to provide community service for 80 hours, the confiscation) is too uneasy and unreasonable.
2. Considering that each of the crimes in this case committed by each of the instant cases, the victim was suffering from considerable mental impulse and pain, and the victim was unable to agree with the victim, strict punishment against the defendant is necessary.
However, in light of the fact that the Defendant was aware of each of the crimes in this case and divided, and the video recorded without any particular criminal record appears to have not been disseminated to the outside, and that the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and all of the sentencing circumstances indicated in the records and arguments, such as circumstances after the crime, etc., it is not recognized that the sentencing of the lower court is too unreasonable.
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.