성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the prosecutor’s appeal grounds (e.g., the crime of this case is unfair) in light of the following: (a) the defendant tried to take a fright in which he could cause sexual humiliation without the consent of the female victim who was going on the way; (b) the defendant was found to have serious nature of the crime; (c) the defendant denied the crime; (d) the defendant led the CCTV screen after the crime was committed; and (e) the defendant could not recover from damage; and (e) the defendant could not recover from damage; and (e) a proper sentence is required for the rehabilitation of the recidivism and the rehabilitation of the defendant; and (e) the court below’s sentence that sentenced the order to complete the sexual assault treatment program for
2. We examine ex officio prior to the determination of the grounds for appeal.
An attempt to violate the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be limited to crimes prescribed in Articles 15 and 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and crimes subject to disclosure order and notification order prescribed in Articles 47 and 49 of the same Act.
Nevertheless, the lower court found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) and omitted judgment on the order of disclosure and notification of personal information against the Defendant. Thus, the lower court’s judgment cannot be maintained further.
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. Relevant Article on the facts constituting an offense and the punishment, etc. of a sexual crime selected;