준강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of two years from the date this judgment became final.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment and order to complete a program) is too unreasonable.
2. The Defendant: (a) committed an indecent act by deceiving the victim’s chest; and (b) committed an indecent act in light of the degree and part of the indecent act; and (c) the nature of the offense is not good.
Due to the defendant's crime, the victim seems to have suffered a lot of mental impulses.
However, when the defendant was in a trial, the defendant has recognized and reflected the crime.
The Defendant received a letter from the victim in the trial.
A defendant has no record of crime, except for punishment for a crime of different types only once.
In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means, consequence, etc., as shown in the records and pleadings, the sentence of the lower court is deemed to be excessively unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. An order to disclose and notify personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the age, occupation, risk of recidivism, motive, method, seriousness of the crime in this case, disclosure order, notification order, and employment restriction order of the accused shall be comprehensively taken into account, and the degree of disadvantage and anticipated side effects of the accused's entrance, which can be achieved due to such order.