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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by a fine of 2,000,000 won.
Defendant .
Reasons
1. Summary of the grounds for appeal by the defense counsel;
A. In light of the fact that Defendant A, who was a pro-friendly victim, was aware of the fact that the victim was her husband, and was suffering from considerable mental suffering, and the victim filed a civil lawsuit claiming a high amount of money with Defendant A without her her her her her her her her her her her her her her her her her her her her her her her husband, there are circumstances to take into account the fact that the victim committed each of the crimes of this case, and Defendant A is engaged in her her her her her her her her her her her her
B. In light of the fact that Defendant B’s mistake against Defendant B, the sentence of the lower court that sentenced Defendant B to a fine of 2 million won or a fine of 24 hours to complete a sexual assault treatment program is too unreasonable.
2. Determination
A. In this case, Defendant A’s crime is not good for Defendant A to show the victim’s body photographs and defames his reputation to collect evidence favorable to himself in a civil lawsuit between the victim. The victim wants to punish Defendant A. In light of the motive and background of each of the crimes of this case, circumstances before and after the crime, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant A’s character and behavior and environment, as shown in the records and arguments of this case, the court below’s punishment is not determined unreasonable even considering the circumstances asserted in the grounds for appeal. Thus, the above assertion is without merit.
B. We examine the Defendant B’s grounds of appeal ex officio prior to the determination of the grounds of appeal.
Article 16 (2) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (amended by Act No. 10261, Apr. 15, 2010) shall be suspended from the execution of a sentence against a person who has committed a sexual crime.