The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence of the court below (one year of imprisonment, 40 hours of order to complete a program, and 5 years of employment restriction order) against the defendant in the summary of the grounds for appeal is too heavy or unreasonable;

2. The Defendant taken a photograph of the victim’s body against the victim’s will, as indicated in its reasoning, threatened the victim to transmit the victim’s body photograph to his male-child room for the purpose of forcing the victim who refused to meet his/her body, and sent the victim’s body photograph to the male-child room.

In light of the contents of the photograph taken by the defendant, the relationship between the defendant and the victim, and the degree of suffering suffered by the victim, etc., the crime of this case is not very good.

However, the defendant recognized the crime of this case and repented his mistake.

The defendant does not want the punishment of the defendant in consultation with the victim in the trial.

Defendant has no criminal punishment for the same kind of crime in the past, and there is no criminal punishment exceeding the fine.

In addition, considering all the sentencing conditions in this case, such as the age, character and conduct, family relationship, motive and attitude of the defendant, and circumstances after the crime, the sentence imposed by the court below is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

(A) Although the appeal by a prosecutor is without merit, it shall not be dismissed separately from the disposition of the court below, unless the appeal by the prosecutor is accepted by the defendant and the judgment of the court below is reversed). 【The grounds for the judgment of the court below which is written in multiple times' 14th page 14 of the judgment of the court below is the same as the corresponding column of the judgment of the court below, except where the "victim B (tentative name, leisure, 52 years old)" is deemed to be "victim B (victim B, 50 years old)."

Application of Statutes

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