성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Sexual assault against the defendant for 120 hours.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one and half years of imprisonment, 120 hours of order to complete a sexual assault treatment program, confiscation) is too unreasonable.
2. The judgment of the Defendant is an unfavorable circumstance, inasmuch as the Defendant photographs the body parts that may cause a sense of sexual shame, such as the part of the bridge, etc. of unspecified victims over 491 times for about 11 months, the crime of this case is not good. The Defendant was sentenced to a fine of up to 2 million won on August 27, 2014 due to the same crime. The Defendant was sentenced to a punishment of a fine of up to 2 million won on August 27, 2014. On June 23, 2016, after being sentenced to a imprisonment of up to 2 years on July 1, 2016, the judgment became final and conclusive on July 1, 2016, and is likely to be subject to the suspended sentence once for three months.
However, the extent of damage is significant because the defendant's mistake is recognized and reflected, the body part exposed to the outside was taken, and the photograph was not leaked to others.
The sentence of the lower court is too unreasonable in light of all the sentencing conditions, including the Defendant’s age, sex, occupation, environment, and means and methods of committing the crime.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, it is acceptable to accept it 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 Imprisonment with prison labor for the crime;
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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;