성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the first instance shall be reversed.
The sentence of sentence against the defendant shall be suspended.
1. The summary of the grounds for appeal is unreasonable. 2. Although the judgment of this court has not yet been reached with the victim, it is recognized that the defendant committed a fine imposed by the court of first instance is somewhat unreasonable considering various sentencing conditions shown in the argument of this case, including the defendant's age, character and behavior, family character, and risk of recidivism, which may be inferred through the circumstances before and after the crime, etc., in light of the fact that the defendant committed an indecent act of this case and did not repeat the crime, and there is no criminal record against the defendant.
3. Accordingly, the defendant's appeal is accepted, and the judgment of the first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment is reversed, and the pleading is followed again
The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 11(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012) on the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012); 1. Article 70 and Article 69(2) of the Criminal Act (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 201); 2,00,000 won of a fine to be suspended; 1. Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Personal Information (amended by Act No. 11556, Dec. 18, 201);
However, the court has suspended the sentence against the defendant, while the defendant is subject to the invalidation of the suspended sentence in this case pursuant to Article 61(1) of the Criminal Act, Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.