성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. In light of the following: (a) the summary of the grounds for appeal by the defense counsel (unfair sentencing) recognizes and reflects the Defendant’s fault; and (b) there is no record of criminal punishment; (c) the sentence of the lower court that sentenced to fine 2,00,000 won; and (d) orders to complete sexual assault treatment programs and confiscation for 24 hours is too unreasonable.
2. In full view of the following facts: (a) the Defendant recognized a mistake and speaks against the judgment; (b) there is no history of criminal punishment; (c) the victim expressed his/her intent that he/she would not want the punishment for the Defendant after receiving compensation for damage; and (d) the Defendant’s age, sexual conduct, environment, degree of damage; (b) motive and circumstance of the crime; and (c) the circumstances of all the sentencing as shown in the instant records and arguments, such as the circumstances after the crime, etc., the lower court’s punishment is unreasonable,
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines 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. If a conviction on a sex crime subject to obligation to submit personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive in the judgment that is a sex crime subject to registration, the Defendant is 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 thus, is obligated to submit personal information to a related agency pursuant to Article 43
The defendant is exempted from the disclosure order and notification order.