성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.
2. The Defendant, in 2004 and 2010, did not have any record of criminal punishment as well as the punishment of fines. In the past, the Defendant led to the confession of the instant crime and the mistake in depth, and went against it.
Examining all of the records and arguments in the instant case, including the relationship between the Defendant and the victim at the time of the instant crime, and the age, character and conduct, the environment, the motive and background leading to the instant crime, the method and consequence of the instant crime, and the circumstances before and after the instant crime, the punishment sentenced by the lower court is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes (Amended by Act No. 11729, Apr. 5, 2013); selection of fines, etc.
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334(1) of the Criminal Procedure Act (wholly amended by Act No. 11556, Dec. 18, 2012; Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which was enforced from June 19, 2013, added a crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes to a sex offense subject to registration of personal information. According to Article 4(1) of the Addenda of the same Act, this provision applies retroactively to crimes committed before the enforcement date, as long as the judgment has not yet become final.