성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The gist of the prosecutor's appeal (unfair form) of the crime of this case is that when the victim D, who had been in an internal relationship, unilaterally notified the defendant, the crime of this case was committed against the victim's husband against the victim's will, it is not good that D's chest 7 photographs were sent to the victim's husband against the victim's will, it seems that the victim and the victim's husband were not able to suffer mental shock, and that the defendant's proper sentence against the defendant is necessary for the prevention of recidivism. In light of the above, the court below's sentence ordering the victim to complete the sexual assault treatment program of 2 million won and 8 hours of fine is unfair.
2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor examined the case at the trial, and the prosecutor applied for changes in the indictment to "seven copies of the victim's chest, exposed to the victim's chest, taken or transmitted by the victim's consent," among the facts charged in this case, "one copy of the photograph exposed to the victim's chest, taken with the victim's consent," and the court permitted the changes in the indictment. Thus, the judgment of the court below cannot be maintained.
3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's assertion of unfair sentencing, on the grounds of ex officio reversal as above. The court below's decision is reversed as follows.
Criminal facts
The summary of the evidence and the criminal facts of the defendant are as follows. The criminal facts of the judgment below are as follows: "seven copies of photographs exposed to the chest of the victim's chest exposed to the victim's chest, taken with the victim's consent or transmitted by the victim" in the facts of the crime of the judgment below, and the summary of the evidence is identical to the corresponding column of the judgment below.