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 80 hours.
1. The summary of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, 80 hours of order to complete sexual assault treatment programs, and 3 years of notification of personal information disclosure) is too unreasonable.
2. The instant crime is deemed to have committed an indecent act by: (a) the Defendant led the victim, who was going on the way at night, to a parking lot, suppressions his resistance, and frightens; (b) in light of the background and method of the crime, the nature of the crime is very bad; and (c) the Defendant had been sentenced several times of punishment due to the instant crime; and (d) committed the instant crime during the period of repeated crime, it is deemed that there is a need to punish the Defendant with severe punishment; and (c) it is inevitable to sentence a sentence.
However, in full view of the fact that the defendant's time to commit the crime of this case and his mistake is divided, there is no record of punishment for the same kind of crime, the fact that the court agreed with the victim in the trial, and other various sentencing conditions as shown in the records and arguments such as the age and behavior environment of the defendant and the circumstances before and after the crime, the court below's punishment against the defendant is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
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. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Where a conviction becomes final and conclusive due to a sex offense subject to the registration of personal information of this case under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant constitutes a person subject to registration of personal information pursuant to Article 42(1) of the same Act.