강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. In light of the gist of the grounds for appeal by the defense counsel, and the fact that there is no record of criminal punishment, the sentence of the court below that sentenced the order to provide community service for one year of suspended execution, 120 hours, and the order to attend a sexual assault treatment course for 40 hours is too unreasonable.
2. In light of the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character and conduct, and the environment, it is against the judgment of the court, and there is no history of criminal punishment, and the victim expressed his intention that the Defendant would not want the punishment after being injured by the damage. In light of the motive and circumstance of the instant crime, the circumstances before and after the instant crime, the degree of damage, the degree of the instant case’s character and conduct, etc., as
3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. If a conviction of a sex crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged to submit personal information to a related agency pursuant to Article 43 of the same Act
An order of disclosure and notification shall be exempted.