성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 5 million, order to complete sexual assault treatment programs for 40 hours, and confiscation) is too uneasy and unreasonable.
2. The crime of this case was committed in the form of a Kameras, in which the Defendant had installed in advance, taken the Kameras in the face of the victim’s clothes, and the nature of the crime is not good in light of the process of the crime and the method thereof, and the damage was not recovered at all.
However, it is against the defendant's wrong recognition of the crime of this case, and it does not repeat the crime of this case.
It is more favorable to the fact that the defendant's photographed image has not been disseminated, and that the defendant is the first offender who has no record of criminal punishment.
In full view of the above circumstances and other circumstances, including the Defendant’s age, sex, environment, motive, means, and consequence, there is no special change in circumstances that may otherwise determine the sentence and the lower court’s punishment, the lower court’s punishment is too uneasible and unreasonable.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.