성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
1. The judgment of the court below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for four months;
3.Provided, That for a period of one year from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.
2. In light of the background, frequency, etc. of the instant crime, the nature and circumstances of the instant crime need not be mitigated.
However, in the past, when the defendant was judged to be guilty, all of his errors are recognized, and his depth is divided, and there is no record that the defendant was punished for the same crime.
In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, previous conviction, and circumstances after the crime, the lower court’s punishment is deemed to be too unreasonable.
3. If so, the defendant's appeal is reasonable, 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 after pleading.
Since both the facts of the crime and the summary of the evidence recognized by the court, the facts of the crime and the summary of the evidence are as stated in the judgment of the court below, they are cited as they are in accordance with Article
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. (Indecent Acts in every densely concentrated place) and the choice of imprisonment with prison labor;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
3. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances set forth in the grounds for reversal);
4. When a conviction on a sex crime subject to registration and submission of the personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act.
The age, occupation, risk of recidivism, motive for the crime of this case, method of crime, results, and seriousness of the crime.