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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
Reasons
1. The gist of the grounds for appeal is that the sentence imposed by the lower court (ten months of imprisonment, two years of suspended sentence, 40 hours of attending a sexual assault treatment lecture, 80 hours of community service order, three years of employment restriction, and confiscation) is too uneasy and unreasonable.
2. It is recognized that the Defendant was waiting for the instant crime, that the Defendant did not have any record of criminal punishment, and that the Defendant was dismissed from his workplace as of April 17, 2019 due to the instant crime.
However, the crime of this case is extremely poor in the nature of the crime, considering the place of the crime, the recording board, and the relationship between the defendant and the victims, by installing a small camera at the inner side of the female toilet in the workplace.
When the victims came to know of the crime of this case, the suffering and fear of the victims suffered were very serious, and it seems that it will continue for a considerable period of time.
In most cases, the Defendant was unable to receive correspondence from the victims.
In full view of the above circumstances and the defendant's age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the court below's punishment is deemed to be too uneasible and unfair. Thus, the prosecutor's above assertion is with merit.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column 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 Imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;