성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. Summary of grounds for appeal;
A. The sentence (4 million won) imposed by the lower court on the Defendant is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The judgment that the defendant recognized the crime of this case, and that the defendant's commission of committing the crime of this case seems to have been part of mental delivery when the defendant committed the crime of this case (Provided, That the defendant and his defense counsel did not assert mental and physical weakness, and even according to the record, the defendant has mental defects or mental disorders to the extent that the defendant can be assessed to be equal to the person with mental disorder within the original meaning.
It is difficult to recognize that the defendant has no criminal record exceeding the fine, and that there is a good wife and a child with good health to support, etc. are favorable circumstances to the defendant.
However, the crime of this case is committed by a person who committed an indecent act on two occasions by taking advantage of the situation where it is difficult for the victim to actively resist or avoid boom in the subway, and the nature of the crime is not good in light of the details and contents of the crime, the frequency of the crime, and the degree of the commission of the crime.
Although victims seem to have suffered considerable mental impulse and sexual humiliation due to the crime of this case, the defendant did not agree with the victims or received a letter from them until they were in mind.
Furthermore, even around 2011, the Defendant committed a crime similar to the instant crime, and was sentenced to a fine of one million won. Around 2014 and around 2016, the Defendant committed the instant crime without being contradictory to the fact that he was subject to a significant punishment, such as having committed a public performance obscene crime, and having been sentenced to a fine. As such, the Defendant continued to repeat the instant crime and has committed the instant crime, and thus, he/she cannot be held seriously liable to the Defendant that does not seem to have the intent to improve his/her character and conduct.
Such circumstances are favorable or unfavorable to the above defendant.