Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight months of imprisonment, order to complete a program, order of employment restriction, and confiscation) is too heavy or is deemed unreasonable;
2. On the other hand, the defendant had been punished three times due to the crime of illegal photographing, and even if he was sentenced to a fine due to the occurrence of another crime of illegal photographing during the period of the suspension of the execution, he committed the crime of illegal photographing in this case after the lapse of the period of the suspension of the execution of the above, and there is a need to isolate the defendant from society.
However, in full view of the fact that the facts charged in the instant case are only one case, the Defendant did not have the power to be sentenced before the instant case, and other factors of sentencing as indicated in the record, such as the Defendant’s age, character and conduct, environment, circumstances of crime, and circumstances after the crime, it is not recognized that the lower court’s punishment is too heavy or unreasonable.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.