강제추행
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the defendant's appeal grounds (unfair sentencing) reflects the defendant's mistake, and there is no record of criminal punishment except twice a fine, and the degree of indecent act committed each of the crimes of this case in the course of recovering the relationship with the victim B who had a relationship with the victim B, is relatively minor, and the defendant's age is trying to recover damage, etc. In light of the fact that the suspension of execution in April of imprisonment was suspended, 199, 200, 30 years, 40 hours, 40 hours, 30 hours, 40 hours, 40 hours, 40 hours, 40 hours, 40 hours, 40 hours, 40 hours, 40 hours, 40 hours, 5 months, and 80 hours,
2. Before determining the grounds of appeal on the grounds of ex officio determination, each of the judgment below's respective cases are consolidated in the trial of the party, and each of the crimes in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed at the same time pursuant to Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.
3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the stated in each corresponding column of the judgment of the court below, and thus all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. The instant crime committed under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant was under trial due to an indecent act committed by the Defendant against the victim.