성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (five months of imprisonment, forty hours of order to complete a sexual assault treatment program, confiscation) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Unfavorable circumstances: The instant crime was committed by the victim of the age of 13 due to intrusion on the female toilet of a private teaching institute, and was committed by the victim of the age of 13, and the crime was committed very poor.
In 2013, the defendant has been suspended from indictment due to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act in a densely concentrated place).
The favorable circumstances: The defendant recognized the crime of this case and expressed his attitude against it in the first instance.
The crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use photographing such as Kameras) was committed in attempted crimes.
As the defendant agreed with the victim in the trial of the party, the injured party does not want to punish the defendant.
In light of the above unfavorable circumstances, including the Defendant’s age, character and character environment, relationship with the victim, motive means of crime, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable because it is too unreasonable to regard the sentence imposed by the Defendant as being too unreasonable, and the prosecutor’s improper assertion of sentencing is without merit.
3. As the appeal of the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal of the defendant is again decided as follows (the prosecutor's appeal is without merit, and so long as the decision of the court below is accepted by the defendant's appeal and the decision of the court below is reversed, the prosecutor's appeal is not dismissed separately in the disposition). 【Grounds for the new judgment of the court below, which is recognized by this court, and the summary of the facts constituting the crime