성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment and two years of suspended sentence) is deemed to be too unhued and unfair.
2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant taken his body by a cell phone camera against the victim's will and the nature of the crime is not good, and the victims want to punish the defendant.
The circumstances are favorable to the defendant, such as the fact that the defendant recognized each of the crimes in this case and against the mistake, that there is no record of criminal punishment exceeding the fine, that the defendant did not spread photographs taken by the defendant outside, that the defendant is a person with a disability of class 2 in intellectual disability.
Considering the above circumstances and the various circumstances, such as the Defendant’s age, sexual conduct, environment, family relationship, motive for committing an offense, and circumstances after committing an offense, the lower court’s punishment is deemed unreasonable as it is too uneasible.
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.