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 summary of the prosecutor’s appeal grounds (e.g., in a case involving the following: (a) in light of the following facts: (b) the Defendant’s failure to recover damage and the Defendant’s failure to complete a sexual assault treatment program for 40 hours in the bus was too uneased, the sentence of the lower court imposing a fine of 2,00,000,000 won; and (c) the order to complete a sexual assault treatment program for 40 hours is too uneasible.
2. We examine ex officio prior to the determination of the grounds for appeal.
The offense of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be an offense provided for in Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is subject to disclosure order and notification order provided for in Articles 47 and 49 of the same Act.
Nevertheless, the lower court found the Defendant guilty of committing the instant crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) and omitted judgment on the order of disclosure and notification of personal information against the Defendant. Therefore, the lower court’s judgment cannot be upheld
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the following is again decided 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. An indecent act in each public place where the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the judgment on the selection of punishment are applied: Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
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. The Criminal Act for the detention of a workhouse;