강제추행
1. The part of the judgment below on the defendant is reversed.
2. The defendant shall be punished by imprisonment for one year;
3. The defendant.
1. The court below rendered a judgment dismissing the prosecutor’s claim regarding the part of the case against which the defendant was found guilty and the part regarding which the request for the observation order was filed, and as such, there is no benefit of appeal as to the part regarding which the request for the observation order was filed.
Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the request for protection observation order is excluded from the scope of the trial of this court. Thus, the scope of the trial of this court is limited to the part of the case of the defendant among the judgment below.
2. Summary of reasons for appeal;
A. In fact, the Defendant, at the time of committing the instant crime, was engaged in the injury of the victim by hand, and did not have the victim’s chest as stated in the facts constituting the crime in the judgment below, and did not have any intention to commit the crime (the Defendant’s defense counsel did the same act as stated in the facts constituting the crime in the judgment of the court below).
However, this cannot be deemed to have reached the degree that the victim's sexual freedom was infringed or it is difficult to resist due to the fact that the chest was sent on one occasion of clothes, and thus, the victim did not constitute an indecent act in the crime of forced indecent act. (b) The first trial date of the trial of the first instance, but the defendant, who was mentally and physically weak, withdrawn the above assertion. Not only the defendant had been under a reduced ability and judgment ability due to drinking habits continuously for a long time, but also had a mental and physical weakness at the time of the crime of this case.
(c)
The punishment of the court below (one year of imprisonment) which is unfair in sentencing is too unreasonable.
3. Determination
A. We examine ex officio the defendant's argument of reasons for appeal prior to the determination of ex officio.
For those who have been sentenced to punishment for sex offenses against children, juveniles or adults, children, juvenile-related institutions, etc. for a 10-year period.