강제추행상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal: The punishment of the lower court (two years and four months of imprisonment) is too heavy.
2. Although the Defendant was under the influence of alcohol at the time of committing the instant crime, as long as he/she was bread to be seen by the victim at random and had the victim suffered injury in the process, there is no attempt to avoid criminal liability corresponding thereto.
Furthermore, the Defendant had already been punished for several times before committing the instant crime, and at the time of committing the instant crime, the criminal trial, where five violence cases were joined, was under way.
Nevertheless, it seems that the defendant who repeats the anti-legal act is in need of a lot of gender, because he did not have reached the crime of this case again.
In the appellate trial, the defendant agreed with the victim and received the letter from the victim.
Although sexual crimes are committed, the severity of the indecent act, the degree of the exercise of the accompanying tangible force, the degree of the injury, etc. are all minor.
It is necessary to consider equity in the case of a trial at the same time as the above-mentioned criminal trial.
As a result of the above criminal trial, the defendant had an opportunity to reflect his or her anti-legal act repeated by being sentenced to imprisonment for the first time as a result of the final and conclusive criminal trial, and the more important thing in the future is to prevent recidivism when he or she returns to society.
It seems necessary to install devices to do so.
Based on these various circumstances, the Defendant’s age, health, character and conduct, environment, family relationship, details and results of the crime, circumstances after the crime, whether damage was recovered, and the criminal records, etc., were comprehensively taken into account, and the scope of recommendations according to the sentencing guidelines and the scope of recommendations based on the law applicable to the crime of this case as well as the sentencing guidelines.