강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (4 million won of fine and 40 hours of completion of sexual assault treatment programs) declared by the court below is too unreasonable.
2. Although the crime of this case appears to have suffered an unsatisfy shock of the victim due to the crime of this case, the sentence of the court below is too unreasonable in light of all the circumstances such as the defendant's age, character and behavior, environment, occupation, circumstance and contents leading to the crime of this case, circumstances after the crime, etc., and the fact that the defendant's mistake is recognized, that the defendant does not want the punishment of the defendant by agreement with the victim, and that the degree of indecent act is not very serious.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. The scope of applicable sentences under the law for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order: Determination of a sentence of a fine not exceeding 15 million won by taking into account all these factors of sentencing in the grounds for reversal thereof.
Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.