성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., 4 million won of fine, 40 hours of completion of sexual assault treatment programs, confiscation) of the lower court is too unreasonable.
2. The judgment is highly likely to criticize the instant case because the Defendant had suffered a considerable mental suffering by photographing the victim's body in the future.
However, in light of the arguments in this case and the sentencing reasons indicated in the record, such as the payment of the agreed amount to the victim at the time of the trial, the victim did not want the punishment of the defendant, the defendant was the first offender and the senior citizen in society, and the crime is closely against the defendant, etc., the punishment sentenced by the court below is unreasonable.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 14 (1) of the relevant Act on the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) applicable to the crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of the circumstances described in Article 334(2) of the Criminal Procedure Act.
Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, 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. of Sexual Crimes, and Article 43 (1) of the same