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 (unfair sentencing) is too unreasonable because the lower court’s sentence is too unreasonable.
2. The defendant has no record of punishment of the same kind or imprisonment without prison labor or heavier, and his/her mistake is repented in depth.
In addition, considering the motive, means, and result of the instant crime, the Defendant’s age, sexual conduct, environment, health status, previous conviction, and circumstances after the instant crime, the lower court’s punishment is deemed to be excessive and unfair.
3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows after pleading.
The facts of crimes and the summary of evidence recognized by the court are all as stated in the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.
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 Selection of fines;
2. A fine of one million won to be suspended;
3. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse.
4. Article 59 (1) of the Criminal Act for suspended sentence (i.e., circumstances favorable to the reasons for reversal as above);
5. Where a conviction on a sex crime subject to registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, 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, is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.
However, if the suspension of sentence against the defendant is deemed to be acquitted after two years have elapsed without the invalidation of the suspension of sentence after the judgment of suspension of sentence became final and conclusive, the defendant shall be exempted from the obligation to submit personal information
The defendant's age, occupation, risk of recidivism, motive, method of crime of this case, and order of disclosure or notification of personal information.