성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault against the defendant for 80 hours.
1. The summary of the grounds for appeal asserts that the defendant's punishment of each court below (the first instance court: 8 months of imprisonment and suspended execution 2 years of community service order, 120 hours of community service order, 40 hours of lecture order for sexual assault treatment, confiscation, and second instance court: imprisonment with prison labor for one year and two months, 80 hours of order for a sexual assault treatment program, 80 hours of order for confiscation, 2 years of order for disclosure and notification, 3 years of employment restriction, and 3 years of order for employment restriction) is undue, and the prosecutor asserts that the first instance court's punishment is too uneasible and unfair.
2. We examine ex officio the reasons for appeal by the defendant and the prosecutor prior to the judgment.
In regard to the judgment below, the defendant filed an appeal against the judgment of the court of first instance, and this court decided to consolidate the above two appeals cases with each other.
The judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.
3. The conclusion of the judgment of the court below is that there are grounds for reversal ex officio as seen above, and the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without further proceeding to decide on the defendant's unfair assertion of sentencing and the prosecutor's improper assertion of sentencing against the judgment of the court of first instance, and the judgment below is again reversed and
【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each of the corresponding columns of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with labor, respectively;
1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.