강제추행상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and three months.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was drunk and was in a state of mental disability.
B. The lower court’s punishment is too unreasonable.
2. In full view of the circumstances surrounding the instant crime, means, the Defendant’s behavior before and after the instant crime, and the Defendant’s process of the crime revealed by the evidence duly admitted and investigated by the lower court, it is recognized that the Defendant was under the influence of alcohol so that the Defendant was in a state of lacking the ability to discern things or make decisions. Therefore, this part of the Defendant’s assertion is with merit.
3. Accordingly, the defendant's appeal is reasonable, and the defendant's appeal is reversed under Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, except for the addition of "in a state where it lacks the ability to discern things or make decisions by drinking" to the first head of the facts charged. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;
1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act for statutory mitigation;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) of the Act on the Protection of Children