성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable by the lower court’s sentence (7 million won in penalty, 40 hours in order to complete a sexual assault treatment program, confiscation, and destruction).
2. The judgment of the court below is justified in light of the following: (a) although the defendant was committed at the time of the crime, and supported his family; (b) although the defendant installed a video recording device at a coffee shop and took victims over several times, the nature of the crime of the crime of this case, which had been taken over over several times, and (c) the defendant had the record of being suspended from prosecution on April 8, 2013 due to taking the images from a singing toilet before the instant case, and all other sentencing conditions shown in the argument of this case, such as the defendant’s age, sexual behavior, environment, etc., are considered as inappropriate.
3. Accordingly, 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 the following is ruled after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted 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, concerning the relevant criminal facts and the selection of punishment, respectively;
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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 48(1)1, 2, and 3 of the Criminal Act on confiscation and Destruction;
1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.