강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Sexual assault against the defendant for forty hours.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.
2. Determination
A. The Defendant has committed an indecent act against the victim for a long time by taking advantage of his position as a workplace company. It is recognized that the Defendant committed an indecent act against the victim for a long time, and that the crime is very bad and that the Defendant has a long history of serving as a result of murder, etc.
B. However, in full view of the following circumstances: (a) the Defendant was led to a crime committed in the course of the trial for the first time; (b) the Defendant paid KRW 25 million in the trial for the first time to the Defendant; and (c) the injured party did not want to be punished by the Defendant as agreed with the victim; (d) the Defendant did not have the record of sex offense; and (e) other circumstances that form the conditions of sentencing specified in the argument for the instant case, such as the Defendant’
Therefore, the defendant's above assertion is justified.
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, and the judgment below is reversed and the case is remanded as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;
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. Where a conviction against the defendant is finalized on the facts constituting the crime of sexual assault crime subject to the obligation to submit personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant becomes a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and becomes a related agency as prescribed in Article 43 of the same Act.