강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Sexual assault, 40 hours against the defendant.
1. In light of the gist of the grounds for appeal by the defendant and his defense counsel (e.g., indubly unfair) against the defendant, and the fact that the defendant raises two daughters, and the defendant committed the instant crime by contingency under the influence of alcohol, the sentence of the court below that sentenced the order to complete the sexual assault treatment program for a period of 6 months and 40 hours is too unreasonable.
2. In light of the following factors, the judgment of the court below is against the defendant's wrong, and the victim expressed his intention that he does not want the punishment of the defendant when it comes to the trial, there is no record that the defendant was punished for the same kind of crime, and considering the motive and background of the crime in this case, the circumstances before and after the crime in this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character and behavior and the environment as shown in the records and arguments in this case,
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Article 298 of the Criminal Act concerning facts constituting a crime and the points of an indecent act by compulsion of judgment on the choice of punishment: Article 298 of the Criminal Act;
1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that constitutes a sex crime subject to the obligation to submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment,
In the case of exemption from disclosure order and notification order, the victim does not want to punish the defendant.