성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that this judgment.
The lower court found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.), rape, and attempted coercion, among the facts charged in the instant case, and dismissed the prosecution on the ground that the victim expressed his/her wish not to punish the Defendant after instituting the prosecution.
Since the defendant appealed from the guilty part, and the prosecutor's dismissal part is separated from the dismissed part of the prosecution as it did not appeal the dismissed part, only the guilty part belongs to the scope of judgment in this Court.
The decision of the court below on the grounds of appeal is unfair because the punishment (two years and six months of imprisonment) imposed on the defendant is too unreasonable.
Judgment
The crime of this case is an unfavorable circumstance to the defendant that the defendant, without the consent of the victim who was killed with him, taken the image of his cell phone with the victim's body, etc., and that the victim from the damage after the crime of this case, was raped by demanding the recovery of the relationship with the victim with the dynamic image from the victim's horse, and taken the dynamic image with his cell phone with his own cell phone, and that the crime was not committed against the defendant's attempted crime of threatening the victim by threatening the victim as if he spreads the dynamic image, and that the crime was committed against the defendant's aforementioned crime that the victim would have suffered considerable mental suffering.
However, the fact that the defendant has no record of crime, and the defendant has committed a crime in the first instance, and all of the crimes of this case led to the confession of all of the crimes of this case, and reflects his mistake, and the injured party does not want the punishment by agreement with the victim, etc. is favorable to the defendant.
In addition, the above circumstances and the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime, etc. are discussed in the argument in this case.