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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (six months of imprisonment, 80 hours of order to complete a sexual assault treatment program, and 3 years of restriction on employment) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. The crime of this case was committed by the Defendant using mobile phone camera to photograph the parts of the body of a female victim by taking advantage of the cell phone camera, and the responsibility for the crime was heavy, and the Defendant committed the crime of this case again even though he had the record of punishment for the same kind of crime.
Considering this point, the sentence of sentence on the defendant is inevitable.
However, the Defendant recognized the instant crime, and agreed with the victim in the trial.
In addition, considering the defendant's age, sex, environment, motive, content, means and consequence of the crime, and all the sentencing conditions shown in the records and arguments of this case, the punishment imposed by the court below is too unreasonable.
The defendant's argument of sentencing is justified.
3. As the appeal of the defendant is well-grounded, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act and the following judgment shall be rendered after pleadings (the prosecutor’s appeal is without merit and thus, it shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act. However, the judgment of the court below shall be reversed, and the decision of the court below shall not be dismissed separately from the disposition of the court below. [Grounds for re-written judgment] The summary of facts constituting a crime and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it shall be cited pursuant to Article
Application of Statutes
1. In light of various circumstances as examined in the judgment on the Defendant’s argument of sentencing prior to the reason for sentencing sentencing prior to the pertinent statutory provisions on criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and the sentencing prior to the choice of
(2) the registration of personal information;