성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of six months and forty hours and the order to complete a sexual assault treatment program) is undue and unreasonable.
2. The fact that the judged defendant has been punished three times due to the same crime, and that the defendant was sentenced to a suspended sentence of imprisonment due to the same crime, and that the judgment was repeated again at the time when one month has not passed since the decision became final and conclusive, and that the punishment for the crime is disadvantageous to the defendant.
On the other hand, the fact that the defendant led to the confession of the crime of this case and reflects on the depth, depression, etc. seems to be insufficient to have good health conditions, and that the frequency of the crime was shown to have been dynamicly committed, and that the crime was committed once, and that the victim was committed with the victim and the victim did not want the punishment of the defendant, and that the victim did not want the punishment of the defendant, and that the defendant was detained for about five months as the case appears to have sufficient time to have been detained.
In light of the above circumstances and other circumstances, the sentence imposed by the court below is too unreasonable because it is too large to consider all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, motive, means and consequence of the crime, and the circumstances after the crime.
3. In conclusion, 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 with merit, and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;
1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.