성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., a fine of 5 million won and 40 hours after completion of sexual assault treatment programs) of the lower court is deemed to be too uneasible and unfair.
2. In light of the following: (a) the Defendant does not seem to have the light of reflectivity; (b) the Defendant did not submit personal information without any justifiable reason after the conviction of the Defendant’s indecent act by compulsion was finalized; and (c) the nature of the crime is not good by transmitting letters that may cause sexual humiliation or aversion through the communications media; and (d) other factors of sentencing indicated in the record, such as the motive and background leading up to the instant crime; (b) the Defendant’s age after the commission of the crime; and (c) the Defendant’s age, character, conduct, and environment, the sentence of the
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 13 and 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes, Articles 50 (3) 1 and 43 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with prison labor;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Probation under Article 62-2 of the Criminal Act;
1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the Defendant shall be subject to Article 42 of the Act on Special Cases concerning the Punishment, etc