성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
The seized opon 5 verification color;
1. The gist of the prosecutor’s appeal is that the sentence of the lower court that declared the suspension of sentence of KRW 1,00,000 is too unfeasible, in light of the following: (a) the Defendant taken the fat of the victim’s fat in the name of the cell phone and the crime was committed in a serious and bad manner; and (b) the Defendant’
2. We examine ex officio prior to the determination of the grounds for appeal.
The crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "ameras, etc.") shall be limited to crimes subject to disclosure orders and notification orders under Articles 47 and 49 of the same Act, which are crimes provided for in Article 2 (1) 5 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.
Nevertheless, the court below found the defendant guilty of the crime of using the camera, etc. of this case and omitted the judgment on the order of disclosure and notification of personal information against the defendant. Thus, the judgment of the court below is no longer maintained.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the following is again decided after pleading.
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 of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fine;
1. A fine of 1,000,000 won to be imposed on the suspension of sentence;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);
1. Article 59(1) of the Criminal Act (Consideration of sentencing) of the suspended sentence;
1. The reason for sentencing under Article 48(1)1 of the Criminal Act reflects the defendant's wrongness, and is subject to criminal punishment.