성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) is too weak for the original judgment.
2. The lower court sentenced the Defendant to a fine on grounds of the circumstances indicated in the reasons for sentencing, including the following: (a) the Defendant was the first offender and reflects his mistake; (b) the agreement with the victim of the last crime; and (c) the Defendant appears not to have taken pictures with the intent to capture on the Internet; and (b) the social relationship appears to be relatively obvious.
However, in light of the following circumstances, the court below's punishment is too unfasible and unfair.
1) Most of the crimes committed by the Defendant are that the Defendant followed and taken video images, following the customers who suffered short horses from Escopers in the department store.
2) The most of the foregoing videos were taken close to the customer’s end, and the victim’s legs, buckbucks, and clothes appear to be fit, and at the same time, part of the customer’s face was taken, so the victims were exposed to serious sexual humiliation and insult.
Unlike the photographic photographs of only a specific page, the nature of the crime is very poor because it was taken according to the victims of considerable time.
3) Although the Defendant, as an employee of the head office of the department store, was in a position to protect female customers from crimes, the Defendant committed such crimes against young female customers who were found to use the department store.
4) The Defendant did not recover from damage on the ground that he did not know most of the victims (including the employees of the volunteer staff who found in the Defendant’s office).
5) In light of the period, frequency, result, etc. of the crime, even if considering the favorable circumstances as seen earlier, Defendant need to be punished strictly.
3. The appeal by the prosecutor of the conclusion is with merit, and the judgment of the court below is made in accordance with Article 364(6) of the Criminal Procedure Act.