강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Sexual assault, 40 hours against the defendant.
1. The gist of the grounds for appeal argues that the defendant is too unreasonable for the punishment (worked one year and two months of imprisonment, and 40 hours of sexual assault treatment programs) of the judgment of the court below, and that the prosecutor is too uneasible and unreasonable.
2. In full view of all the facts pertaining to the punishment on the records and arguments of this case, the judgment of the court below is justified, since the punishment of the defendant is deemed unreasonable, since it is recognized that the defendant's punishment of this case is inappropriate, the defendant's argument is without merit, and the prosecutor's argument is without merit. The prosecutor's argument is without merit.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court 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 concerning the facts constituting the crime, Article 298 of the Criminal Act selection of punishment, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 347 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, the selection of imprisonment with prison labor;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the defendant is 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 such information is submitted to the competent agency