성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The gist of the grounds for appeal is heavier than the original sentence.
2. After filing an appeal for determination, the victim who received the agreed amount (three million won) does not want to be punished against the Defendant.
The defendant is led to confession, voluntarily participate in community service activities (300 hours), and completed education for the prevention of sexual assault, etc., and the first offender.
In addition, the court below's punishment seems to be excessive when examining all the conditions of sentencing as shown in the records, such as character, attitude, and environment of the defendant.
3. The judgment of the court below is reversed, and the judgment below is reversed and it is again decided as follows.
[Judgment of the court below] The facts constituting a crime and the summary of evidence are as stated in the relevant column of judgment below.
Application of Statutes
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;
2. A fine of 1,500,000 won to be imposed on the suspension of sentence; and
3. Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse (100,000 won per day).
4. Where a conviction on the crime of this case, which constitutes a sexual crime subject to registration, becomes final and conclusive as to the registration of personal information and the obligation to submit personal information under Article 59(1) of the Criminal Act of the suspended sentence, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concern
The accused is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.
However, if a judgment of suspension of sentence against a defendant is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence, the person subject to registration shall be exempted from the obligation to submit personal information.
(See Supreme Court Decision 2014Do3564 Decided November 13, 2014). The Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, consequence, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, and sexual crimes subject to registration that may be achieved due to such order.