성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.
B. The lower court’s sentence of unreasonable sentencing (a fine of 1.5 million won and a sexual assault treatment program of 40 hours) is too unreasonable.
2. According to the records of the judgment on the assertion of mental and physical disorder, although the defendant is deemed to have served alcohol at the time of each of the crimes in this case, in light of the background of the crime in this case, the means and method of the crime in this case, and the circumstances before and after the crime, it cannot be seen that the defendant had lost or weak ability to discern things or make decisions. Thus, the defendant's mental
3. The instant crime on the assertion of unfair sentencing is an indecent act against the victim by finding out the victim on board an escalator in the direction of the square of the first floor under the influence of alcohol in the Young River basin, and approaching the victim immediately after the victim's use of the victim's left bucks in one way. The crime of this case is not good in light of the circumstances and contents of the crime. The victim suffered considerable mental suffering due to the instant crime, and the victim wants to punish the defendant. However, considering the following circumstances: (a) the defendant led to the instant crime; (b) the victim is led to the confession and reflect of the instant crime; (c) the degree of indecent act is not heavy; (d) there is no history of criminal punishment; and (e) there is no other records and arguments, such as the defendant's age and happiness environment; and (e) the circumstances before and after the crime, etc., the sentence against the defendant is too unreasonable.
4. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.