성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for a period of two years and six months;
3.Provided, That this judgment has become final and conclusive.
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The crime of this case committed by the Defendant by intrusion upon the residence of a victim living in adjoining areas and committing an indecent act by force against the victim by deceiving the sound of the victim, and the nature of the crime is bad in light of the background, mode, degree of conduct, etc. of the crime.
The victim seems to have suffered a big mental impulse and sexual humiliation.
Nevertheless, the defendant denied the crime that there is no indecent act against the victim in the court below, and eventually, let the victim attend the court of the court below and let the victim do his refusal to make a new instrument state his memory.
On the other hand, the defendant has committed a crime for the first time, against the wrongness, and requested the victim to pay the larger amount of KRW 70 million as agreed money, and expressed his/her intention that the victim does not want to be punished.
The defendant has not been punished by a fine due to violation of the Public Official Election Act in 2003, except for a case where he has been punished by a fine, and it seems that he has been living relatively in good faith while serving in the community for a period of several hundreds.
The defendant's health is not good due to the escape from side signboards, etc., and the family members and branch members of the defendant want to take the defendant's seat.
In addition to these circumstances, if comprehensive consideration of all the circumstances, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the records of this case, the sentence imposed by the court below is considered unfair.
Therefore, we cannot accept the prosecutor's argument that the above improper sentencing of the defendant is reasonable, and that the court below's punishment is unfair because it is too uneasible.
3. If so, the defendant's appeal is justified.