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All appeals by the Defendants and by the Prosecutor against Defendant A are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendants’ punishment (Defendant A: imprisonment of 2 years and 40 hours, orders to complete sexual assault treatment programs; Defendant B: imprisonment of 1 year and 40 hours and orders to complete sexual assault treatment programs) is too unreasonable.
B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.
2. In our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there exists a unique area of the first instance in the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The Defendants are against the recognition of the instant crime.
Defendant
A deposited 20 million won each for the victims, and 10 million won each for the victims by Defendant B.
Defendant
A has no record of punishment for the same crime, and Defendant B has no record of criminal punishment before the crime of this case is committed.
Such circumstances are favorable to the Defendants.
However, Defendant A, without the consent of the victims of digital camera installed in the vehicle, taken a image image of the sex relationship with the victims.
Defendant
B opened a mobile community to receive the above video files from Defendant A, and received the above video files posted by Defendant A and transmitted them to third parties.
The victims’ face, etc. were clearly revealed, and the video files of the instant case were informed to the local community, and the victims’ identity was disclosed, thereby causing serious damage to their families, such as their spouses and children, etc. as well as victims.
The process and method of each of the crimes in this case and this result.