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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The video taken by the Defendant by misunderstanding the facts and misapprehension of the legal doctrine does not cause sexual humiliation or shame.
B. The sentence of the lower court’s unfair sentencing (two years of the suspended sentence of August, community service order, 80 hours of community service order, 40 hours of lecture attendance order for sexual assault treatment, confiscation) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court regarding the assertion of misunderstanding of the facts and legal doctrine, the Defendant, on October 23, 2015 and August 8, 2016, on the rooftop of a building near an officetel in which the victim E is living, took a video recording with a cell phone that the victim was suffering only from the civilian retail and panty for the shower, rather than the victim’s protection from the rooftop of the building near the officetel in which the victim E is living. The Defendant, upon undergoing an investigation by the prosecutor, was in the possession of the motion picture taken by the Defendant, by reporting the video
It can be recognized that the statement has been made, and according to the above facts, it can be sufficiently recognized that the video recorded by the defendant has caused sexual humiliation or shame.
B. Although the defendant did not have been punished for the same crime, the victim did not want to be punished for the defendant, the crime of this case, which intrudes on the officetel building in which the victim resides, and taken the victim who was clothes only from the rooftop of the neighboring building, is not less than the nature of the crime of this case, and the victim had been living unstable due to apprehension and fear due to the crime of this case, and all other sentencing conditions in the argument of this case, including the defendant's age, sexual behavior, environment, etc., the court below's punishment is too unreasonable.
3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.