성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
except that, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. After submitting a petition of appeal on May 1, 2018, the Defendant failed to submit the statement of grounds of appeal within the period for submitting the legitimate grounds of appeal, even if he/she was served with the notification of the receipt of the trial records by this court on September 10, 2019. There is no statement in the petition of appeal on
However, as examined below, as long as the judgment of the court below reverses the grounds for ex officio reversal, the court shall not decide to dismiss the defendant's appeal on the grounds of failure to submit the grounds for appeal.
Meanwhile, on October 29, 2019, the Defendant, after the filing of the appellate brief, made an oral assertion of mistake of facts on the date of the first trial of the court of the first instance on October 29, 2019, but such assertion is filed after the deadline for submitting the appellate brief, and thus, cannot serve as
(See Supreme Court Decision 201Do466 Decided March 10, 2011). Furthermore, even when examining the above argument ex officio, the Defendant asserted that he denies the facts charged in this case, and the lower court rejected the Defendant’s assertion and found the Defendant guilty of the facts charged in this case on the grounds as stated in its reasoning. Examining the lower court’s judgment by closely comparing the records of this case and the evidence duly adopted and investigated, the lower court’s determination is just and acceptable, and there is no error of law as alleged by the Defendant.
B. The prosecutor’s sentence of the lower court (two months of imprisonment, two years of probation, 40 hours of taking sexual assault treatment courses, 120 hours of community service) shall be too unfluent and unfair, and the confiscation of subparagraph 1 of this Article shall be imposed.
2. Ex officio determination
A. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352, Jan. 16, 2018 and enforced July 17, 2018, imposes a court sentence or medical treatment and custody on a sex offense against a child or juvenile or a sex offense against an adult (hereinafter referred to as “sexual crime” in this paragraph).