준강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. The instant crime is an indecent act committed against the victim who is unable to resist under the influence of alcohol, and the nature of the crime is not less vulnerable to the Defendant.
However, in full view of the following circumstances: (a) the Defendant agreed with the victim in the trial of the political party; (b) the Defendant did not have any history of punishment for the same kind of crime; and (c) the Defendant reflects his wrongness and behavior; and (d) the Defendant’s age, character and conduct, environment; (b) motive and background of the crime; (c) the means and method of the crime; and (d) the circumstances after the crime, etc., the sentence of the lower court is somewhat unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;
2. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, etc. favorable to the defendant incurred in the reversal reason);
3. Where a conviction of a sex offense subject to registration becomes final and conclusive with respect to Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same) and Article 16(2) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10567, Apr. 7, 201) and Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant is subject to registration of personal information.