강제추행등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an order of imprisonment for four months, a stay of execution for two years, and an order of attendance for sexual assault treatment for forty hours) is too uneased and unreasonable.
2. Prior to the judgment on the grounds of appeal by the prosecutor ex officio, we examine ex officio the insult of the facts charged in the instant case (No. 2016 height group 885).
A. The summary of this part of the facts charged was that the Defendant, who cultivated the crops called “F” in the Chungcheongnam-nam Budget Group E, was aware of the victim D (the age of 45) who sought the Defendant’s inquiry about the cultivation of the said crops from the Defendant on March 2016. On March 26, 2016, at the “H Singing Practice Center” located in the Chungcheongnam-nam Budget Group G around 20:00, the Defendant 1 and five persons, including I and J, who received the said crops growing act from the victim and the Defendant.
Defendant 1 tried to sing the instant singing first at the instant singing practice place, but the victim said that sing to the purport that sing “the singing of the singing of the singing of the singing of the sing of the sing of the sing of the sing of the sing of the sing of the sing of the sing of the sing of the sing of the sing of the sing of the sing of the sing of the sing
B. The part of the insult of this case is an offense falling under Article 311 of the Criminal Act, and is an offense that can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act.
According to the records, on April 24, 2017, before the prosecution of this case was instituted and the written agreement prepared in the name of the defendant and the victim D was submitted to the court below on April 24, 2017, which was before the judgment of the court below was pronounced, and the victim expressed his/her intention not to be punished against the defendant in the above written agreement (No. 99-101 of the trial record). Therefore, it is reasonable to deem the victim to have cancelled the complaint by withdrawing his/her intention of punishment against the defendant. Thus, the court below is in accordance with Article 327 subparagraph