성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for three years from the date this judgment becomes final and conclusive.
Summary of Grounds for Appeal
The punishment of the lower court (two years and six months, etc.) shall be too unreasonable.
Judgment
이 사건 범행은 피고인이 자신의 사실상 처남댁인 피해자가 술에 취하여 심신상실 또는 항거불능 상태에 있음을 이용하여 피해자를 추행한 것으로서, 그 추행의 정도가 중하고 그 죄질도 나쁘다.
The victim seems to have suffered a considerable mental suffering due to the crime of this case.
These circumstances are disadvantageous to the defendant.
On the other hand, however, the defendant paid 25 million won as agreed money to the victim and agreed with the victim. The victim expressed his intention that he does not want the punishment of the defendant.
In addition, when the defendant was in the trial, the defendant recognized the crime of this case and expressed his attitude to reflect his mistake.
There is no record of criminal punishment exceeding the fine.
In addition to these various circumstances, considering the Defendant’s age, character and conduct, career, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court is deemed unreasonable even if considering the circumstances unfavorable to the Defendant as seen earlier.
Therefore, the defendant's above assertion is justified.
In conclusion, the appeal by the defendant is reasonable, and it is so decided as per Disposition by the assent of all participating Justices, after the pleading under Article 364 (6) of the Criminal Procedure Act.
[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5(3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes and Article 299 of the Criminal Act.