강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable;
2. The crime of this case was committed on the part of the defendant, who committed an indecent act, such as the defendant's chest and her son, who was first deemed to be at the night, and the body of the victim was pushed away to the toilet, and the victim's body was pushed away by hand, and the crime was very poor in light of the circumstances and contents of the crime, and the fact that the victim suffered serious mental pain due to the crime of this case, etc. is disadvantageous to the defendant.
However, in light of the fact that the defendant has led to the trial for the first time, and it appears that he had the time of reflectiveness through the prison life for two months or longer, there is no same criminal record, the victim and the victim have agreed smoothly in the trial for the first time, and other various sentencing conditions shown in the records and arguments, such as the age and happiness environment of the defendant and the circumstances before and after the crime, the court below's punishment against the defendant is too unreasonable.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited 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 the crimes;
1. Article 62 (1) of the Criminal Act suspended execution (Consideration in the front to the defendant's favorable circumstances, etc.);
1. Social service businesses under Article 62-2 of the Criminal Act;
1. Judgment that constitutes a sex offense subject to the registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;