성폭력범죄의처벌등에관한특례법위반(특수준강제추행)
1. The judgment below is reversed.
2. The sentence shall be suspended against the defendant;
3. Two years between the accused and the accused.
1. The sentence imposed by the court below (two years of imprisonment and three years of suspended sentence) on the defendant is too unreasonable.
2. The crime of this case is a case in which the defendant committed an indecent act by force by deceiving the victim's worship and the frame in a state of impossibility of resisting the defendant under the influence of alcohol, and the nature of the crime is not minor.
On the other hand, the defendant recognized all of his criminal acts, and tried not to repeat again.
Although the Defendant committed a somewhat contingent crime, the Defendant’s mistake was broken down and discontinued, and the degree of the commission of the indecent act is relatively excessive.
The defendant is the first offender who has no criminal punishment so far, and is a juvenile under the age of 19, and the father seems to have taken the father as a traffic accident, neglected money, and live relatively in good faith.
Upon agreement with the victim, the defendant received a written application, and the mother of the victim also submitted the written application to the defendant.
Defendant’s mother, mother, etc. will lead Defendant to a correct way.
It seems that social ties are clear, such as various times.
In full view of all circumstances, including these circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing specified in the records of this case, the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's argument is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
【Inasmuch as the judgment rendered by the court below was the same as the facts constituting the crime and the summary of evidence recognized by this court, and the summary of the evidence are as stated in the corresponding column against the defendant of the judgment below, Article 369 of the Criminal Procedure Act is applicable.