성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment for six months, suspension of execution for two years, suspension of execution for forty hours, order to attend sexual assault treatment courses, three-year employment restriction orders, confiscation) of the lower court is deemed to be too uneasible and unfair.
2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court appears to have determined the sentence, taking into account all various circumstances regarding the sentencing of the Defendant, and agreed with one of the two victims prior to the pronouncement of the lower judgment, and the remaining victims after the pronouncement of the lower judgment indicated in the record of the instant case, including the fact that the lower court expressed their intention not to punish the Defendant. In so doing, it cannot be deemed that the lower court’s sentencing was unobcied and exceeded the reasonable scope of discretion.
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.