성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The court below's punishment (6 months of imprisonment and 40 hours of order for completion, confiscation and 3 years of order for disclosure and notification) against the accused against the summary of the grounds for appeal is too unreasonable.
2. The crime of this case is deemed to have been committed with the body of the victims who may cause a sense of sexual humiliation against the victims' will. It is not good that the victims would have suffered a considerable mental impulse due to the crime of this case. The defendant committed a crime against female students who need to be protected from sexual crime, and the defendant committed a crime of this case in the same kind and method of punishment for a long time since he was convicted of the crime of this case. However, it is necessary to punish the defendant strictly. On the other hand, the defendant confessions the crime of this case, and seems to have an opportunity to reflect the defendant's life in custody for a more than two months, and the video taken by the victim cannot be seen as spreading the above video by eliminating the video taken by the victims, and it seems that the defendant's personality and behavior was excessive to recover damage to the victim's identity, and the defendant's defendant's family relation was deposited, and the defendant's ability to correct the sentencing of the defendant's child and his counsel's work in the above case.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.