성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant's appeal is dismissed.
1. The sentence (six months of imprisonment) imposed on the accused by the first instance court (unfair sentencing) on the gist of the grounds of appeal is too unreasonable.
2. The fact that the Defendant agreed with the victim before this court that the injured party does not want the punishment of the Defendant is considered favorable to the Defendant.
However, even before committing the instant crime, the Defendant committed the instant crime, even though he/she had been punished by a fine and a suspended sentence of imprisonment on two occasions due to the same crime. The instant crime was arrested by a police officer while the Defendant committed an indecent act against the victim at a densely concentrated place, and the nature of the instant crime is not good.
Nevertheless, the Defendant did not refrain from self-defenseing on sexual intercourse with regard to the instant crime, and stated that it was an dynamic behavior, etc., and did not properly recognize the nature of the instant crime.
In full view of these circumstances and other factors of sentencing, including the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing, the age, criminal defendant's sex, and environment, the sentence imposed by the court below is too unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.