성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment, 40 hours of order to complete a sexual assault treatment program, and confiscation) is too unreasonable.
2. The crime of this case was tried to take physical parts of the employees of the company by installing a camera in the toilet operated by the Defendant in a planned manner. In light of the background of the crime of this case, the place of the crime, and the relationship with the victim, etc., the liability for the crime of this case is not easy, and the crime of this case appears to have suffered considerable sexual humiliation and mental pain, etc., which are disadvantageous to the Defendant.
However, in the meantime, the crime of this case was committed in attempted crimes, and when the defendant was found to have committed the crime of this case, the victim did not want the punishment of the defendant because he was aware of his mistake and agreed to the victim smoothly, and the defendant did not want the punishment of the defendant, the defendant did not have any criminal record of the suspension of the execution of the same kind of imprisonment or imprisonment, and the defendant seems to have a certain degree of time to be detained in the case of this case, and there is a relatively clear social relationship with the defendant, such as the defendant's family and his family members' desire to have a preference against the defendant, and there is a relatively clear social relation with the defendant, such as the defendant's age, character and behavior, environment, means and result, the court below's punishment is too unreasonable.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of
Application of Statutes
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