강제추행
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of defendant's grounds for appeal: Unfair sentencing;
2. Determination on the grounds of appeal: (a) as the first offender, the Defendant’s confession and reflects the instant crime; (b) as the first offender, the Defendant agreed with the victim in the first instance trial only; and (c) the victim does not want the Defendant’s punishment; (d) the details and details of the instant crime; (e) the details and degree of indecent act committed; and (v) it is difficult to see that the Defendant’s refusal to commit an indecent act and its degree; and (e) taking into account other various sentencing factors indicated in the instant arguments and records, including the Defendant’s age, occupation, family relationship, and economic
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.
[Dao-written judgment] The criminal facts and the summary of the evidence recognized by the court below are all the same as the entries in the corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 298 (Selection of Fine)
1. A fine of three million won, imposed on a penalty;
1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the Criminal Act (amended by Act No. 12575, May 14, 201);
1. Article 59(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides that a person subject to registration of personal information becomes subject to registration when a conviction on a sex crime subject to registration becomes final and conclusive.
However, this Court has suspended the sentence of a sentence against the accused, and the accused is subject to the suspension of sentence under Article 61(1) of the Criminal Act and personal information on the related agency under Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.