성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault, 80 hours against the defendant.
1. In light of the gist of the grounds for appeal by the defense counsel, the punishment of the court below that sentenced the imprisonment of one year and six months is too unreasonable, because it is too unreasonable in light of the following: (a) the defendant reflects the wrongness of the defendant; (b) the number of video pictures and larcenys are limited to one time each; and (c) the larceny is about attempted.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
The purport of Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes is that where a person who has been sentenced not less than three times to imprisonment for a crime prescribed in Article 5-1(1), (3) or (4) of the same Act, or for the attempts thereof, is punished as a repeated crime by committing it again, even if habituality is not recognized, punishment shall be imposed in accordance with the statutory punishment prescribed in paragraphs (1) through (4) of the same Act, and it is reasonable to determine the applicable punishment within the scope of the aggravated aggravated punishment
(see, e.g., Supreme Court Decisions 94Do1391, Sept. 27, 1994; 2009Do9249, Nov. 12, 2009). However, while applying Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes to the larceny of repeated crimes as indicated by the Defendant, the lower court erred by failing to aggravate repeated crimes under Article 35 of the Criminal Act, which affected the conclusion of the judgment, and thus, the lower court erred by misapprehending the law that affected the conclusion of the judgment.
3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defense counsel's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again ruled as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the corresponding column of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. To use the relevant Article of the facts constituting the crime and the camera in the judgment of the choice of punishment;