강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The gist of the reasons for appeal is that the lower court’s sentence (6 months of imprisonment, 40 hours of order to complete the course) is too unreasonable.
2. The crime of this case is acknowledged that the Defendant committed an indecent act by rhym the female emergency medical services crew members sent to the Defendant in order to rescue the Defendant, and assaulting male emergency medical services crew members by drinking them, in light of the details and methods of the crime, and that the nature of the crime is not less strict, and that they did not receive a letter from the victims up to the trial.
However, when the defendant was found to have been guilty of the facts charged, the defendant violated the wrong facts, and the defendant was physically disabled with physical disability 3 on December 2012, 201 with no health conditions such as cutting off the left bridge and buckbbbbbs, etc., despite the need for economic circumstances as a recipient of basic living benefits, deposit a certain amount of money for the victims in the first instance, the degree of force of the defendant's use in the course of forced indecent act is not relatively heavy, the defendant did not have any history of punishment for the same crime, and after 205, there was no record of criminal punishment except for punishment for the same crime, and after 2005, there was no other record of criminal punishment except for punishment for the same crime, and all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character, and conditions before and after the crime, it is recognized that the sentence of the court below is unfair because it is too unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts constituting an offense and the gist of evidence acknowledged by this court is as follows: (a) except for the alteration of “1. Part of the Defendant’s court testimony” to “the Defendant’s court testimony” as “the Defendant’s court testimony” under Article 369 of the Criminal Procedure Act, citing the same as the corresponding column of the lower court’s judgment.
Application of Statutes
1. Criminal facts;