성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
The defendant shall be treated for 40 hours of sexual assault.
1. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended sentence, 40 hours of attending lectures to treat sexual assault, three years of restricted employment, and confiscation) is too unfluent and unreasonable.
2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized and reflected the Defendant’s crime; (b) the primary offender; and (c) there is no evidence to deem that the Defendant distributed the images taken by the Defendant in another place.
However, considering all of the sentencing conditions specified in the records and arguments of this case, considering the following facts: (a) the nature of the crime is extremely bad in light of the method of the crime of this case, the frequency and contents of shooting, the relationship and age of the victim and the defendant, and the quantity of obscene materials held by the defendant; (b) mental suffering and sexual humiliation caused by the crime of this case are likely to be difficult to cure; (c) the victims do not agree with the victims or receive a letter; (d) the victims' family members want to be punished; and (e) the use of child and juvenile pornography is highly harmful to the society; and (e) the use of child and juvenile pornography is highly harmful to the society, the punishment imposed by the court below is deemed unfair.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018) (amended by Act No. 15977) regarding criminal facts and child pornography under Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse.