성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court’s punishment (e.g., a fine of three million won) is too uneased and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio, and the instant crime is an offense prescribed in Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus constitutes a sex offense subject to registration under Article 42(1) of the same Act, and is subject to an order to disclose and notify personal information prescribed in Articles 47 and 49 of the same Act.
Nevertheless, the lower court found the Defendant guilty of the facts charged and omitted the judgment on the order to disclose and notify personal information of the Defendant. Since the order to disclose information is an incidental disposition that is sentenced simultaneously with the conviction, so long as the appeal is filed against the Defendant, the order to disclose information is included in the scope of the appellate trial’s trial, and if the whole or part of the order to disclose information is unlawful, the part of the order should be reversed in its entirety, even if there is no illegality in the remaining part of the Defendant’s case (see Supreme Court Decision 2012Do5291, 2012Do112, Jun. 28, 2012). In this regard,
3. Accordingly, 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, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows
【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines for the crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1.A fine of 3,00,000 won to be imposed on the suspension of sentence;