성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. The summary of the prosecutor’s appeal grounds (e.g., the instant crime is deemed to have taken pictures of the body of victims who may cause sexual humiliation or shame over 18 times, and there was a risk of additional damage due to the spread of these pictures to others. In light of the above, the sentence of the court below that sentenced the suspension of sentence of a fine of 2 million won is too uneasible.
2. In light of all of the circumstances alleged in the grounds of appeal, the lower court’s punishment is too uneasible and unreasonable, considering the following factors: (a) the Defendant’s mistake is against the judgment; (b) there is no history of criminal punishment; (c) most victims are victims; and (d) the degree of damage is relatively minor; and (e) other factors specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the motive and background of each of the instant crimes; (d) the circumstances before and after the instant crimes; and (e) the character and conduct of the Defendant and the environment
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, the part of the judgment below's "registration of personal information" is clear that there is an error in the time of the duty to submit personal information, and such error is corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure as follows.
If a conviction on a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras, etc.) in the judgment on a sex offense subject to registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc.