강제추행미수
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. Summary of grounds for appeal;
A. The punishment of the lower court (2 million won) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. An indecent act committed by official authority constitutes a sex offense subject to registration under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus is subject to an order to disclose and notify information under Articles 49 and 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.
In doing so, the lower court found the Defendant guilty of the instant facts charged but omitted the judgment on the order to disclose and notify the personal information of the Defendant, and where all or part of the order to disclose and notify the personal information is unlawful, the order to disclose and notify the information is an incidental disposition that is issued simultaneously with the conviction, and all or part of the order to disclose and notify the information is reversed (see, e.g., Supreme Court Decision 2012Do5291, 2012, Jun. 28, 2012). Accordingly, the lower court’s judgment was no longer maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining each of the unfair sentencing arguments by the defendant and the prosecutor, and the judgment below is reversed, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 300 and 298 of the Criminal Act concerning the selection of punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The Defendant exempted from order to complete a program had no previous record of sexual assault, and the circumstances leading to the instant crime (see, e.g., the part which is favorable to the reasons for sentencing) and after committing the crime.