성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Sexual assault, 40 hours against the defendant.
1. The gist of the grounds for appeal is to recognize and repent his mistake.
The defendant is a plan to recover damage and make an agreement in order to commit a crime against the victims, and to reduce the suffering and injury.
The parents of the defendant are not in good health, but have come back more due to the defendant.
In full view of these circumstances, it is necessary to take measures.
2. The Defendant committed each of the instant crimes with poor quality without being aware of, even during the period of suspension of execution.
Even while the defendant was detained in the instant case and was tried, he was subject to a disposition of 30 days in prison by inflicting an injury on another prisoner.
On the other hand, the defendant agreed with the victims in the trial.
In addition, considering the defendant's age, family relation, character and conduct, career, environment, circumstance and consequence of the crime, circumstances after the crime, criminal records, and all the sentencing circumstances shown in the records and arguments of this case, the sentence imposed by the court below is considered unfair. Thus, the argument of unfair sentencing is justified.
3. As such, the defendant'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.
【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article on the facts of crime, Article 14(1)3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (including the arrival of language and images causing public spread, etc.), Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act concerning the selection of imprisonment;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.