강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the summary of the grounds for appeal (ten months of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable;
2. The crime of this case was committed on the part of the defendant, who is responsible for the safety of passengers as a taxi engineer, committed an indecent act by force against the victim with a mental disorder; the crime was committed in light of the background and contents of the crime, the circumstances before and after the crime; the degree of indecent act; the victim suffered considerable mental pain due to the crime of this case; however, the crime of this case was committed at a disadvantage of the defendant; on the other hand, the defendant led to confession of the crime of this case at the trial; the defendant was forced to live in prison for a period of two months; the victim agreed with the victim and the victim wanted to live in the front line; there was no record of criminal punishment exceeding the fine; and other various sentencing conditions as shown in the records and arguments such as the defendant's age and happiness environment. In full view of all, the punishment of the court below against the defendant is too unreasonable.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;
1. Article 62 (1) of the Criminal Act suspended execution (Consideration in the front to the defendant's favorable circumstances, etc.);
1. Social service businesses under Article 62-2 of the Criminal Act;
1. Judgment that constitutes a sex offense subject to the registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;