성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the first instance shall be reversed.
The sentence of sentence against the defendant shall be suspended.
Probation, for one year, to the defendant.
1. The judgment of the court on the erroneous determination of the gist of the reasons for appeal (the defendant only moved the victim's her son, etc. to the her son, etc. in order to avoid coloring with the victim who is seated next to the defendant, so that the victim's her her son and her son and her son, etc. can see the opposite her her son and her son, but did not have the victim's her son and her son's son
A. According to the evidence duly adopted and examined by the first instance court on the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant committed an indecent act against the victim as stated in the judgment of the first instance court as the criminal intent of indecent act. Thus, the above argument by the defendant disputing this issue cannot be accepted.
B. As to the assertion of unfair sentencing, the Defendant suffers from mental illness by having no criminal power on the part of the Defendant, and the Defendant attempted suicide several times with a certificate of depression due to the issue of balanced personal relationship and social adaptation. Such mental illness appears to have functioned as one of the causes of the instant crime. In full view of the various sentencing conditions stated in the instant argument, including the Defendant’s character and behavior, family character and family condition, and circumstances before and after the instant crime, the fine of KRW 1 million, which the first instance court sentenced to the Defendant, is somewhat unreasonable.
3. As a result, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.
The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 11(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 10(2) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 55(1)6 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 700,000 won of a fine to be suspended.