성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The gist of the grounds for appeal by the defendant is that the punishment of the court below (two years of suspended execution for six months of imprisonment, one hundred and twenty hours of community service, and forty hours of sexual assault treatment order) is too unreasonable. The gist of the grounds for appeal by the prosecutor is that the above sentence of the court below is too uneasible and unfair.
2. In addition to the defendant's assertion of unfair sentencing, the defendant and prosecutor's assertion of unfair sentencing, the number of crimes is not simple one time, and the victim E's photograph up to posting on the Internet site, etc., considering the defendant's unfavorable sentencing factors that are disadvantageous to the defendant. On the other hand, the defendant reflects the defendant's crime, the defendant has no same record and no more severe penalty power than the fine, the victim's overall criminal situation such as the victim's photographing time and degree of exposure, and the victim's E's intentional leakage of video is not visible (the defendant's request for deletion of video on the P2P site over several occasions). Further, considering all circumstances that are favorable to the defendant, the defendant's age, character and behavior, environment, the background and result of the crime in this case, and the circumstances after the crime, etc., the court below's sentence is unreasonable.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is rendered after pleading
(Inasmuch as the judgment of the court below is accepted and reversed on the grounds of unfair sentencing, the appeal by the prosecutor on the grounds of unfair sentencing shall not be separately decided by the order). [Judgment in writing] The summary of facts constituting an offense and evidence acknowledged by the court is the same as the statement in the corresponding column of the judgment of the court below. Thus, it is without merit in accordance with Article 369 of