성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. Defendant 2’s punishment (limited to four months of imprisonment and 80 hours of completion of sexual assault treatment programs) is too unreasonable.
B. The first instance court’s sentence (a fine of three million won and 40 hours completion of a sexual assault treatment program) of the Prosecutor is deemed to be too unhued and unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, this Court decided to concurrently examine each of the above appeals cases. Each of the offenses in the judgment of the court below against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and a single punishment shall be sentenced within the scope of the term of punishment, which has increased concurrent offenses under Article 38(1) of the Criminal Act.
In this respect, the judgment of the court below against the defendant was no longer maintained.
3. If so, the judgment of the court below is based on the above reasons for ex officio reversal, and without examining the Defendant and the prosecutor’s assertion of unfair sentencing, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence is the same as the statement of each corresponding column 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 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the provisional payment order include two female victims booming video conversations over several occasions with a view to meeting the sexual desire, or accessing the Facebook, and repeating the face of one’s own act.