성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Sexual assault, 40 hours against the defendant.
1. Summary of the grounds for appeal, sentencing and police officer (one year of imprisonment, two years of suspended sentence, one year of probation, 40 hours in attending sexual assault treatment courses, 120 hours in community service, three years of restricted employment);
2. We examine the judgment, the confession of the defendant and the fact that the defendant has no record of criminal punishment, etc. are favorable to the defendant.
However, the defendant taken a large number of unspecified women over 24 times in Korea and abroad for about 2 years, and taken the form of a woman who was boomed with sexual intercourse after being her sexual intercourse.
In addition, when the defendant was discovered while shooting a female in the library, he saw the clothes of the female, taken the mobile phone and taken the mobile phone to escape, and was sentenced to the suspension of indictment in 2013 due to the same crime.
In full view of the above circumstances and the conditions of sentencing under Article 51 of the Criminal Act, the sentencing of the court below is deemed to be too uncomfortable and unfair.
Therefore, the prosecutor's assertion is accepted.
3. In conclusion, 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 it is again decided as follows.
[Discied Reasons for the Decision] Facts of crime and summary of evidence recognized by the court below are as stated in the corresponding column of the judgment below.
Article 369 of the Criminal Procedure Act (amended by Act No. 15977, Dec. 18, 2018); Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018); Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202); Articles 14(1) (a) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May
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. Confiscation Article 48(1) of the Criminal Act