성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall be treated for 40 hours of sexual assault.
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The instant crime was committed by the Defendant, while working as the PC banker, and the Defendant took down 14 female victims, who were PC bank employees for about four months in mobile phones and small cameras, and the nature of the crime is very bad.
In particular, at the same time, the Defendant continued to commit the crime by very secret methods, such as setting up several small cameras, connecting the victims with the auxiliary actors, etc. At the same time, and kept the photographs obtained therefrom by dividing them into the name, date, situation, etc. of the victim.
The victims directly checked their photographs during the investigation process, and discussed considerable sexual humiliations.
In addition, it seems that the victims will lead to life with fear that their photographed materials will be leaked in the future, and fear that they will be able to be taken without permission in other places.
On the other hand, the defendant shows an attitude to recognize and reflect his mistake, and there is no other penalty power than a fine due to the crime of this kind once.
It seems that the defendant kept the victims' photographs and did not leak them to other places.
In addition, during the investigation process, it is confirmed that the defendant did not store the photographer of the victim's own cloud service, and as long as the defendant's smartphone and storage device used in the crime of this case are confiscated, it seems that the possibility of spreading the photographer of the victims in the future is very low.
In the past, some victims expressed their intention that they will not be punished by the defendant in agreement with the defendant.
The age, character and conduct, environment, motive, means, result, circumstances after the crime, etc. of the defendant including the above circumstances.