성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and six months of imprisonment, and forty hours of a sexual assault treatment program) is too unreasonable.
B. The lower court’s above sentence is too unhued and unreasonable.
2. In light of the fact that the court below's reasoning for sentencing is very poor in light of the background and method of each of the crimes of this case, and the attitude of the act, etc., and that the victims' mental sufferings have been suffered, it seems that a strict punishment corresponding to the responsibility of the defendant is necessary.
However, in full view of various circumstances, including the Defendant’s age, occupation, character and behavior, environment, family relationship, motive, circumstance, means and consequence of the crime, etc., the sentence of the lower court is somewhat unfavorable in view of the following: (a) the Defendant committed each of the crimes in this case; (b) there is no history of punishment except for a fine of minor one time; (c) the Defendant was smoothly agreed with most victims and the Defendant; and (d) the victim was not punished against the Defendant by mutual agreement with the victim H when it was in the trial; and (e) the Defendant’s age, occupation, character and behavior, environment, family relationship, motive and consequence of the crime; and
It is unfair that it is too unreasonable rather than that.
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 without merit.
(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed separately).”
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the sexual crime;