공연음란등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
The defendant shall be treated for 40 hours of sexual assault.
1. The summary of the grounds for appeal that the court below sentenced the defendant to imprisonment (eight months of imprisonment and order to complete a program) is too unreasonable.
2. The fact that the judgment of the defendant is against the defendant when he committed the crime, and that the defendant agreed with the victims in the first instance is favorable to the defendant.
The fact that the defendant has three times past records of sex crimes including the probation, committed the crime of this case during the period of probation, repeated crimes committed for a period of about 15 days, and the crime of obscenity is directly protected by the sound sexual morals and sexual morality of society, and each victim's agreement with each victim shall be limited to the determination of sentencing.
In full view of the aforementioned circumstances and the motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court is deemed to be too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 245 of the Criminal Act, Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of failing to submit modified information), and the selection of imprisonment with prison labor for each crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, which is an employment restriction order