성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The judgment below
(2).
1. Summary of grounds for appeal;
A. Regarding the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act by Indecent Act), according to the evidence submitted by the prosecutor, it is acknowledged that the defendant taken the sexual organ created at a distance of 40 to 50 cm with the victim within the narrow photographer, according to the evidence submitted by the prosecutor, and this can be deemed as exercising the force under the actual control of the victim, so this part of the facts charged is sufficiently convicted of this part of the facts charged. Nevertheless, the judgment of the court below which acquitted the defendant of this part of the facts charged is erroneous in the misapprehension of facts or by misapprehending the legal principles on indecent act by compulsion, thereby adversely affecting the conclusion of the judgment. 2) The punishment (4 months imprisonment) imposed by the court below on the defendant by unjust sentencing is too uneasible
B. In light of the fact that the part of the case’s case’s request for probation order is found guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the facts charged, and that the person who requested probation order (hereinafter “defendant”) has the record of punishment for sexual crimes before the person subject to probation order (hereinafter “defendant”),
Nevertheless, it is unreasonable for the court below to dismiss the defendant's request for probation order.
2. Determination on the part of the defendant's case
A. Article 298 of the Criminal Act provides that “A person who, through violence or intimidation, commits an indecent act against another person” shall be punished as an indecent act by force.
The indecent act here means an act that causes sexual humiliation or aversion to the general public objectively and is contrary to good sexual morality, which infringes on the victim's sexual freedom.
(see, e.g., Supreme Court Decision 2004Do52, Apr. 16, 2004). In light of the aforementioned legal principles, the instant case is deemed to have been rendered.