강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 2.5 million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (one month of imprisonment and two years of suspended execution, community service and order to attend lectures) of the lower court is too unreasonable;
2. In light of the background and content of the instant crime, and the mental impulse that the victim had experienced, etc., the nature of the crime is not less than that of the first instance court. However, the lower court’s punishment is too unreasonable in light of the following factors: (a) the Defendant was committed in the first instance court, which was denied by the lower court; (b) there was no same criminal power; and (c) there was no same kind of criminal power; and (d) the victim was simply agreed with the victim after the sentence of the lower court, and there was no punishment against the Defendant; and (b) other sentencing conditions indicated in the record, such as the Defendant’s age, character and behavior, environment, motive and background of the crime, and circumstances after the crime.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
【The judgment of the court below, which held in multiple times] The facts constituting a crime and the summary of the evidence recognized by the court, and the summary of the evidence, are identical to the corresponding column of the judgment below, except where the court below's partial statement of the defendant 1 as "1. The defendant's oral statement of the court of first instance" is deemed as "1. The defendant's oral statement of the court of first instance". Thus, it is
Application of Statutes
1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts and the choice of fines;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
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 judgment of conviction becomes final on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, which is a provisional payment order.