성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Sexual assault against the defendant for 80 hours.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (three years and six months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The instant crime was committed by the victims (E, H, K, L, and M) against the intent of the victims, taking pictures of sexual intercourses with the victims (E, H, K, L, and M) and offered the video images of sexual intercourses with Q and Q to others against the intent of the victims. The mental impulses suffered by the said victims are very large and deep due to these acts.
In addition, it is not easy to easily distinguish the face of the victims as they are exposed to, and the cyber crime takes the characteristics of the cyber crime, there is a risk of wide circulation of the above information, which is in fact impossible to collect the information, and no agreement was reached with the victims other than the victim N and Q, and the victims want to take severe punishment against the defendant.
However, in the court below, the defendant agreed with the victim N and agreed with Q Q in the trial.
In addition, it is advantageous to the fact that the defendant has no record of punishment for the same crime, and is against the crime of this case.
In full view of the aforementioned various circumstances and other conditions, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and the circumstances after the offense, etc., the lower court’s punishment is deemed to be somewhat unreasonable, and thus, the Defendant’s above assertion is reasonable, while the Prosecutor’s above assertion is without merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Although the appeal by the prosecutor is groundless, the judgment of the court below is reversed by accepting the defendant's appeal.