성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (the fine of KRW 5 million, the order to complete a sexual assault treatment program 40 hours, etc.) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant recognized a crime, agreed with E (nives), among victims, was the first offender, and endeavored not to repeat a crime through mental and medical treatment.
It seems that both were reflected in the sentencing of the lower court, such as the circumstance that the Defendant was investigated by an investigative agency on July 28, 2018 while committing a crime around April 2018 (the grounds for appeal by the prosecutor), and that some victims were minors in uniform (the grounds for appeal by the prosecutor).
In full view of the various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., there is no change in the conditions of sentencing compared with the original judgment, and other circumstances that form the conditions of the sentencing as shown in the instant argument and the record, it cannot be deemed that the lower court’s sentencing is too heavy or unreasonable beyond the reasonable scope of discretion as it is so unreasonable.
B. Article 59-3(1) of the Act on Welfare of Persons with Disabilities, which uniformly prescribed employment restrictions on welfare facilities for persons with disabilities for the ten-year period for children, juveniles, or persons sentenced to punishment for sex offenses subject to the employment restriction order under the Act on Welfare of Persons with Disabilities, is amended by Act No. 15904, Dec. 11, 2018; and Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (hereinafter “Act on Welfare of Persons with Disabilities”) and Article 59-3(1)