성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the records show that the defendant, on June 16, 2016, was sentenced to two years of suspension of execution (in addition, an order to observe protection and attend a lecture for sexual assault treatment for 80 hours) in August 24, 2016 at the Seoul Eastern District Court on the following grounds: (a) the judgment of the court below against the defendant is final and conclusive on June 24, 2016; (b) each of the above crimes in the judgment of the court below against the defendant is concurrent crimes with the latter part of Article 37 of the Criminal Act, in which the judgment becomes final and conclusive under Article 39(1) of the Criminal Act is concurrent crimes, and thus, the judgment of the court below shall be sentenced to punishment in consideration of equity and cases where it is judged simultaneously under Article 39(1) of the Criminal Act. In this respect, the judgment of the court below may no longer be maintained.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
[Re-written judgment] The summary of criminal facts and evidence recognized by this court is the first head of the lower judgment’s criminal facts and the summary of the evidence. The judgment was finalized on June 24, 2016 after the Defendant was sentenced to a suspended sentence of two years on August 201 by imprisonment with prison labor for violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public-populated Places) at the Seoul Eastern District Court on June 16, 2016.
With the exception of adding "," it is the same as the corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. against Crimes;
1. Article 10(2) of the Criminal Act to mitigate mental and physical weakness.