성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for a term of one year and four months.
The defendant shall be 40 hours.
1. The summary of the grounds for appeal (Article 1.1.2 and 2.10 months of imprisonment with prison labor) of the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the court rendered a decision to review ex officio prior to the judgment on the grounds for appeal, by filing an appeal against the judgment below, and by combining all the above cases of appeal.
However, each of the offenses against the Defendants in the first and second instance courts is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the lower judgment was unable to be maintained as it is.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows, after hearing.
【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as that 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 the Selection of Punishment, etc. of Specific Crimes, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 283 (1) of the Criminal Act, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the Selection of Imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an employment restriction order is issued;
1. The reasons for sentencing under Article 48(1)1 of the Criminal Act for sentencing are as follows: (a) the Defendant recognized each of the crimes of this case and reflected the mistake; and (b) the primary offender is each of the crimes of this case.