강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
2. The circumstances favorable to the Defendant are as follows: (a) the Defendant recognized all of the instant crimes; (b) the Defendant deposited 5 million won for the victim; (c) the Defendant’s primary offender who has no criminal record; and (d) the Defendant is a student of the age that has high probability of edification and improvement.
However, the crime of this case was committed by the Defendant at night by discovering the victim under the influence of alcohol at night, sprinking the victim, sprinking him into the victim’s sprink, sprinking him, and sprinking him. After continuing to commit the crime, the Defendant committed an indecent act by force by force by deceiving the victim’s ship and chest. In light of the background and content of the indecent act, the method of the crime, etc., the crime was very poor; the victim appears to have suffered a big mental shock and sexual humiliation; the victim did not reach an agreement with the victim up to the trial; and other various sentencing conditions specified in the Defendant’s age, character, environment, etc., such as the Defendant’s age, character, and environment, the lower court’s punishment against the Defendant is deemed unfair as it is somewhat unfilled.
3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. Article 16(2)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;