성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
The defendant is a sexual assault treatment program.
1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible that the lower court’s punishment (amounting to KRW 3 million, KRW 24 hours after completing a sexual assault treatment program, and confiscation) is too unfasible.
2. Determination
A. It is recognized that the defendant has no criminal history for the same kind of crime.
B. However, in full view of the following circumstances: (a) the Defendant committed the instant crime without being aware of the fact that the Defendant was in the period of suspension of execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the Defendant used smartphone cameras to take pictures of the victim; (b) the Defendant did not agree with the victim; and (c) did not take any measures to protect the victim; and (d) the Defendant did not take any other measures to protect the victim; and (e) the Defendant’s age, circumstances leading to the commission of the crime, and circumstances after the crime, etc., which are the conditions for the sentencing specified in the instant pleadings, the lower court’s punishment is deemed unfair as it is deemed unfair.
Therefore, the prosecutor's above assertion is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is so decided as follows through a new theory of change.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. thereof, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Where a conviction on a sex crime subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act becomes final and conclusive, the defendant shall be subject to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.