성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is that the Defendant is an erroneous statement in the term of imprisonment (two years of probation, one hundred and twenty hours of community service, and forty hours of sexual assault treatment programs (the first instance court ordered “the number” of sexual assault treatment programs), which is obviously an erroneous statement in the term “the class” necessary for the prevention of recidivism of sexual assault crimes.
ii) asserts that it is so unreasonable that it is too unreasonable.
2. Ex officio determination of ex officio, each crime in the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, Article 38(1) of the Criminal Act should be subject to concurrent crimes, but the court below committed an omission of this.
Therefore, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).
4. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration, which is subject to the registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal
Whether registered information is disclosed and notified.