강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
A sexual assault treatment program for 40 hours is provided to the defendant.
The summary of the grounds for appeal and the judgment (the original trial: 8 months of imprisonment, 2 years of suspended execution, 40 hours of social service, 40 hours of time) may be considered as favorable to the defendant, such as the defendant's confession of each of the crimes of this case, and the type of force and the degree of indecent act accompanying the crime of indecent act by compulsion is relatively minor. However, in light of the circumstances and methods of each of the crimes of this case, the defendant's liability for the crime of this case is heavy, the victim's writing was not received until the trial, and the sentencing conditions under Article 51 of the Criminal Act, including the disadvantageous circumstances against the defendant, such as the recidivism during the period of suspended sentence of imprisonment, are inappropriate.
Therefore, we accept the prosecutor's argument of sentencing and light.
In conclusion, the court below's appeal is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided again as follows after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act, Article 298 of the Criminal Act, and the choice of imprisonment with labor for the crime;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. An employment restriction order;
(a) Employment restrictions, such as institutions related to children and juveniles: The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
B. Employment restrictions on welfare facilities for persons with disabilities: Determination of the punishment as ordered by taking into account the various circumstances as examined earlier in light of Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act.
judgment on the registration of personal information.