성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal (defendants: Imprisonment with prison labor for one year and 40 hours after order to complete a program);
2. In light of the contents of the photographic images posted and transmitted by the Defendant on Twitter, the sentence of the court below is too unreasonable in light of the following circumstances: (a) although the victim appears to have a high sense of insult and sexual humiliation; (b) the misunderstanding appears to be divided and reflected; (c) the primary offender was the first offender; and (d) the agreement with the victim was reached at the court; (b) the sentence of the court below is too unreasonable.
3. As such, the defendant'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 the following decision is rendered after pleading.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 14(2) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 14(2) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Articles 14(2) and (1) of the Act on Special Cases Concerning the Punishment, etc
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; the age, risk of recidivism; the motive of the instant crime; the details and result of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order; the effectiveness of preventing sex crimes that may be achieved therefrom; and the protection of victims.