준강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
The defendant shall be treated for 40 hours of sexual assault.
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence (ten months of imprisonment, 40 hours of completion of a sexual assault treatment program, 3 years of employment restriction order) of the lower court is too uneasy and unreasonable.
B. The lower court’s punishment is too unreasonable.
2. We examine both the prosecutor and the defendant's assertion of unfair sentencing and the defendant's assertion of unfair sentencing.
Considering the fact that the nature of the crime is bad in light of the background and method of the indecent act, and that if the police did not promptly dispatch, it would have been likely to lead to a serious crime, it would have been highly likely that the defendant would have been placed in a high risk, it would be necessary to separate the defendant from the agreement with the victim to correct the character and conduct of the defendant, and that there would be a need to isolate the defendant in society for a certain period of time, and that the victim would have s
However, in light of the circumstances favorable to the defendant, such as the fact that the defendant's mistake was recognized in the course of the trial, the fact that the defendant paid a considerable amount of agreement to the victim in the trial, the fact that there is no record of punishment for the same kind of crime, etc., and other sentencing conditions specified in the records and arguments of the case, the punishment imposed by the court below is deemed unfair.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
(1) The Criminal Procedure Act provides that "An appeal by a prosecutor shall be dismissed unless the appeal by a prosecutor is well-grounded, but the decision of the court below shall not be dismissed separately)." The facts constituting an offense and summary of evidence recognized by the court shall be as stated in the corresponding column of the judgment of the court below. Thus, all of them shall be dismissed in accordance with Article 369 of the Criminal Procedure Act.