The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for six months of imprisonment, 40 hours of order to complete a sexual assault treatment program, confiscation) is too unreasonable.

2. Determination

A. It is recognized that the Defendant had taken a dynamic image of an unspecified number of women for a long period of time, and that a considerable number of people have taken a dynamic body, and that there was no agreement with the victims, and that no measures have been taken to mislead the victims.

B. However, in full view of various circumstances, such as the Defendant’s confession and reflect on the instant crime, the Defendant was the first offender, the Defendant did not spread or sell the images taken by the Defendant, the Defendant donated KRW 10 million to domestic violence and sexual violence counseling centers at the trial at the time of the party, and endeavoring to commit the crime. The Defendant has an opportunity to reflect while living in prison for two months, and other circumstances, which form the conditions for sentencing specified in the instant argument, such as the Defendant’s age, background, and circumstances after the commission of the crime, the lower court’s punishment is deemed unfair.

(c)

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and the case is remanded as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. thereof, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act (the above provision);

2. (b) Circumstances favorable to the entries in the port;

1. Order to complete a program under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;