성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of the grounds for appeal and the sentencing (in cases of original conviction, 10 months of imprisonment, 2 years of suspended execution, community service, 120 hours and 40 hours of taking courses for sexual assault treatment);
2. An ex officio determination prosecutor requested changes in the indictment regarding the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) under paragraph (1) of the facts charged in the instant case.
Accordingly, the judgment of the court below that found the defendant guilty of both the facts charged and the remainder of the charges and sentenced a single sentence cannot be maintained any more.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed, and the following is again decided after pleading.
[Reasons for the Judgment of the court below] The summary of facts constituting a crime and evidence admitted by a party member of the summary of the facts constituting a crime and the evidence are as follows, and the summary of the evidence is as stated in the corresponding column of the judgment of the court below, except for the case where "1. Part of the defendant's legal statement" in the summary of the evidence is changed to "1. Defendant
(Article 369 of the Criminal Procedure Act). On April 20, 2018, the Defendant posted the victim’s photograph on his Internet Kakakao Poppropy, which is able to be seen by an unspecified number of unspecified persons, and publicly stated the victim’s false information that “The victim gets away from the victim’s money to the victim’s message,” and that Kakakao Stockholm B’s “,” he heard the sound of the Kakao mn shot in his own personal program with the victim’s real name, birth year, and the driving range in which the victim took the victim’s exercise, and then publicly stated the fact that the victim took money from the male for the purpose of money.
However, the facts are.