성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The defendant's appeal is dismissed.
1. In light of the gist of the grounds for appeal by the defense counsel (unfair form of punishment) is against the defendant, and the defendant commits each of the crimes of this case by drinking alcohol and contingently, and the defendant has been extremely living so far to support his/her family even in an difficult economic situation, and there is no record of criminal punishment except for the crime of violating the Road Traffic Act once, the defendant is sentenced to a fine of three million won and 40 hours of sexual assault treatment program order is too unreasonable.
2. Each of the crimes of this case in consideration of the motive and circumstances of each of the crimes of this case, the situation before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character, character and environment, etc., the court below's punishment is not determined to be unfair even if considering the circumstances asserted in the grounds for appeal, and there are no grounds for appeal.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that there is no ground for appeal for conclusion. It is so decided as per Disposition
Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Selection of Fines) applies to the term “applicable law” in the judgment below: Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes
1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of punishment: Correction ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure, since it is clear that it is a clerical error of each of the fines.