성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
1. The judgment of the court below is reversed.
2. The sentence shall be suspended against the defendant;
3. Seized mobile phones;
1. The summary of the grounds for appeal (e.g., both types of punishment) is too unreasonable.
2. In light of the period, frequency, etc. of the instant crime, the nature and circumstances of the instant crime need not be mitigated.
However, there are some extenuating circumstances in that the defendant taken the form of victims mainly in public places at a distance similar to that of ordinary pedestrians' body, and in each way, there is no criminal history.
In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, previous conviction, and circumstances after the commission of the crime, the lower court’s punishment is somewhat unreasonable.
3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
Since both the facts of the crime and the summary of the evidence recognized by the court, the facts of the crime and the summary of the evidence are as stated in the judgment of the court below, they are cited as they are in accordance with Article
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of fines;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
3. A fine of 1.5 million won to be suspended;
4. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the detention of a workhouse.
5. Article 59 (1) of the Criminal Act for suspended sentence (including circumstances favorable to the reasons for reversal as above);
6. When a conviction on a sex offense, which is subject to the registration and submission of personal information under Article 48(1)1 of the Criminal Act, is confirmed, 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, the defendant is obligated to submit personal information to relevant agencies under Article 43 of the same Act.