강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. The judgment has no record of domestic crime against the accused, and the degree of criminal conduct committed by the accused is very serious;
Considering the fact that it is difficult to see the Defendant’s mistake, the fact that the Defendant is recognized and against the Defendant’s mistake, the fact that the Defendant was in the first instance trial and that the Defendant agreed smoothly with the victim, and other circumstances shown in the instant pleadings, such as the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is reasonable.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court is to be cited in accordance with Article 369 of the Criminal Procedure Act, except for the change of “the defendant’s partial statement” as “the defendant’s legal statement” in the summary of the evidence of the court below to “the defendant’s legal statement.”
Application of Statutes
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to attend a course is not issued (the defendant does not facilitate communication with the Korean language, and if this judgment becomes final and conclusive, there are circumstances to be forced overseas under the Immigration Control Act);
1. Personal information pertaining to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (where this judgment becomes final and conclusive, the Defendant is forced to leave the Republic of Korea under the Immigration Control Act).