A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

The seized HTC mobile phone (No. 1) shall be confiscated.

The sentence of the court below is too unhued so as to be unfair.

2. Determination

Defendant’s confession of the crime and misunderstanding is against the Defendant. However, the crime of this case cannot be deemed to have been committed by photographing a secret part of a cell phone, which may cause a sense of shame for women. Moreover, even before the instant case, the Defendant had the record of criminal punishment for sexual crimes, which was committed again again. Taking full account of all of the sentencing conditions indicated in the instant argument, including these circumstances, including the Defendant’s age, sexual conduct, motive for the instant crime, means and method of the instant crime, the lower court’s punishment against the Defendant is deemed to be too uneasible.

3. Conclusion

Since the prosecutor's appeal is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364 (6) of the Criminal Procedure Act and the following judgment shall be rendered

Criminal facts and summary of evidence

The summary of the facts constituting the crime recognized by this court and the summary of the evidence are the same as the entries in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 13(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Appointment of Imprisonment with prison labor);

1. Aggravation for concurrent crimes;

형법 제37조 전단, 제38조 제1항 제2호, 제50조 [범정이 더 무거운 추QQ에 대한

Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a concurrent crime with punishment prescribed in Camera, etc.)

[China]

1. Suspension of execution;

Article 62(1) of the Criminal Act (The consideration of the favorable circumstances mentioned above)

1. Order to attend lectures;

The former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 10567, Apr. 7, 2011)

- the first sentence of Article 16(2)

1. Number of views;

Article 48 (1) 1 of the Criminal Act

Lee Young-chul

Kim Sang-woo