성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for two years from the date this judgment becomes final and conclusive.
1. The crime of this case in determining the grounds of appeal is a planned crime of this case in order for the defendant to take a face of exposure, such as the body body of the victim, by installing three shooting devices, such as a camera in the shape of the body location, etc., in a shower room, and taking the shower of the victim several times, and the method of crime is not clear and the nature of the crime is not good, and the victim is deemed to have suffered mental damage for a considerable period of time. Considering the fact that the crime of this case in this case is likely to have suffered mental damage due to the crime of this case, it is necessary to punish the defendant with strict punishment.
However, in light of the circumstances favorable to the defendant, such as the motive and circumstance leading up to the crime of this case, situation before and after the crime of this case, the defendant's age, character and behavior, environment, occupation, family relation, etc., the court below's punishment (a prison term, probation period, community service period, 120 hours, sexual assault treatment, 40 hours, forfeiture period, 40 hours of sexual assault, etc.) is too unfair, considering various sentencing conditions indicated in the records, such as punishment (a prison term, probation period, 20 years, 120 hours, 40 hours, 40 hours of forfeiture period, etc.).
2. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
(b).