성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The defendant's appeal is dismissed.
1. The court below's punishment against the defendant (two years of imprisonment with prison labor for six months, confiscation, 40 hours of an order to attend a sexual assault therapy, 160 hours of an order to provide community service) is too unreasonable.
2. The Defendant voluntarily surrenders to the judgment on the assertion of unfair sentencing, and all of the instant crimes showed the attitude of acknowledging and opposing all of the instant crimes, and there was no criminal record.
On the other hand, on June 24, 2018, the Defendant: (a) taken two photographs of the victim from a cleaning place, and stored them in I; (b) on August 12, 2018, the victim was trying to photograph the victim’s sexual intercourse with a screen image; (c) on August 12, 2018, the victim was found to have attempted to do the crime; and (d) on August 12, 2018, the victim was demanded to present I from the victim, but did not show it properly; and (e) on August 13, 2018, the victim was found to have discovered the victim’s cell phone and the first crime was revealed.
Considering the above details of the crime and the process in which the crime was revealed, the instant crime is deemed inferior to the quality of the crime.
Since this case, the victim was subject to pharmacologic treatment due to a yellow disorder, and submitted a written application to the effect that "the defendant was aware that his photograph was stored automatically in I because he was not able to unsatisfy and the doping was not closed."
On July 31, 2019, after the closing of the instant argument, the victim submitted a written agreement or a written application for penalty attached to the victim’s certificate of personal seal impression. However, on August 2, 2019, the victim submitted a written application for a written agreement or a written application for a penalty with the victim’s personal seal impression to the court, stating that “only he/she did not know that the written application or a written application for a certificate of personal seal impression was prepared and submitted to the court.” As such, the victim agreed with the Defendant.
or the defendant may not be punished.
In addition, the defendant's age, family relations, means and results of the crime, and circumstances after the crime, etc.