성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal that the court below rendered is unreasonable because the punishment (five million won of punishment, 40 hours of orders to complete sexual assault treatment programs, Confiscation) is too uneased.
2. The circumstances favorable to the Defendant include: (a) all of the judgment of the commission of the crime is recognized; (b) the photographed video is not deemed to have been disseminated; (c) the victim H agreed with it; and (d) the fact that the victim had no criminal record for the same kind of crime.
However, each of the crimes of this case is an unfavorable circumstance to the defendant, in light of the physical condition, method of crime, frequency of crime, etc. taken by the victim, the victims are likely to have suffered considerable mental pain and sexual humiliation due to each of the crimes of this case, and the victim did not reach an agreement with the victims except the victim H even though the victims were many, and did not recover from the damage.
In full view of all the circumstances, including these circumstances, such as equity with a similar case, the age, sex, and environment of the defendant, the motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too unfeasible and unfair.
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 after pleading.
【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Each of the relevant Articles of the Act concerning the facts of crime;