강제추행등
The judgment of the first instance shall be reversed.
The sentence of sentence against the defendant shall be suspended.
1. The summary of the grounds of appeal is unreasonable in light of various sentencing conditions indicated in the argument of the instant case, including: (a) the fact that the court of first instance has reached an agreement with the victim on the sole basis of the judgment of this court; (b) the defendant has no criminal records; and (c) the defendant has divided his/her mistake; (b) the course and degree of the indecent act of the instant case; (c) the relationship with the defendant and the victim; and (d) the defendant’s age, character and conduct, family circumstances before and after the crime; and (c) the risk of recidivism, it is recognized that
3. Accordingly, the defendant's appeal is accepted, and the judgment of the first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment is reversed, and the pleading is followed again
The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 29(1) of the Criminal Act and Articles 298 and 260(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Registration of Personal Information provides that a person whose judgment of conviction has become final and conclusive due to a sex offense subject to registration is subject to registration of personal information as stated in the judgment below. Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Registration of Personal Information provides that a person subject to registration of a sex offense shall be subject to registration of personal information.
However, this court has suspended the sentence against the accused, and the accused shall submit personal information to the related agency pursuant to Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes where the suspended sentence of this case becomes invalidated in accordance with Article 61(1) of the Criminal Act.