성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (one million won in penalty, 24 hours in order to complete a sexual assault treatment program, confiscation) is too uneased and unreasonable.
2. The judgment of the court below is just because the defendant committed the crime in this case, and the defendant committed the crime in this case, and the person with intellectual disabilities or the defendant committed the crime in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which was sentenced one time to a suspended sentence of imprisonment, and one time to a fine. The defendant committed the crime in this case during the suspended sentence, and considering all the sentencing conditions of the defendant's age, sex behavior, environment, etc. as shown in the argument in this case.
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. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;
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 of the Criminal Act to be confiscated;
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.
An order of disclosure or notification shall be exempted from the age, occupation, risk of repeating a crime, details and motive of the crime, methods of committing the crime, seriousness of the crime, and an order of disclosure.