성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
All appeals by the defendant are dismissed.
1. The summary of the grounds for appeal is that the punishment of the first instance judgment (the punishment of KRW 3 million, the order to complete a sexual assault treatment program for 40 hours) and the punishment of the second instance judgment (the imprisonment of April, the suspension of execution of the sentence of two years, the observation of protection and the order to attend a sexual assault treatment lecture for 40 hours) are too unreasonable.
2. Determination
A. As to the judgment of the court below of first instance, there are favorable circumstances for the defendant, such as the fact that the defendant has committed all the crimes of this case, the screen pictures taken are immediately deleted, and the victim does not want the punishment of the defendant under an agreement with the victim.
However, the crime of this case in which video is taken against the victim's will at a public place is less likely to be subject to criticism.
Therefore, even if considering all favorable circumstances for the defendant, the punishment imposed by the court below is too heavy.
In addition, there is no significant change in circumstances that could consider sentencing after the judgment of the court below was rendered.
In addition, comprehensively taking account of the fact that there is no special change in circumstances that the lower court and the punishment were determined differently from the circumstances after the crime, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the lower court’s punishment is too unreasonable.
B. As to the judgment of the court below of the second instance, the defendant is starting to commit the crime of this case, and the crime itself is also an attempted crime and the degree of damage is not heavy is favorable to the defendant.
However, while the Defendant was sentenced to a fine by the first instance court after having committed the same crime, and the appellate court was continuing to commit the instant crime, the Defendant committed the instant crime, and the interval between the previous and the crime is very short, and there is a well-being of the Defendant.
As it is impossible to do so, there is a need to punish the defendant strictly.
In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.