성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the prosecutor’s appeal grounds (e.g., in the case of this case, the Defendant’s order to complete sexual assault treatment programs for a fine of three million won or more and forty hours is too uneased, in light of the following: (a) the Defendant’s order to complete sexual assault treatment programs for the same kind of crime is too unafasible to the victim’s her sexual flag in his/her her her her malm with his/her her malm in his/her her malm in his/her her malm in his/her malm in the subway train, which
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 to disclose and notify personal information to the Defendant. Thus, the lower court’s judgment cannot be maintained further
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 at an open space with respect to the criminal facts in the pertinent legal provisions and the judgment of the choice of punishment: Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the selection of fines;