강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault against the defendant for 80 hours.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment and 40 hours of order to complete a sexual assault treatment program) is too uneasible and unfair.
2. Although the Defendant recognized each of the instant crimes and has no record of being punished for a sex offense, each of the instant crimes appears to be extremely poor in view of the nature of the crime in light of the body, degree, method, conditions before and after the prosecution, and the subject and circumstances of the use of violence, etc. ② The Defendant was arrested and investigated as a flagrant act, such as forced indecent act, No. 5237 of the judgment of the court below on November 9, 2015, and was released on November 10, 2015, again, on November 11, 2015, the next day of the judgment of the court below, and there was no history of punishment for a sex offense. However, considering that each of the instant crimes was committed by the victims of the instant crimes, the lower court appears to have been sentenced to imprisonment with labor for more than six years and to have been sentenced to considerable mental harm, and there seems to have been considerable doubts as to the Defendant’s motive for committing the instant crime, and thus, it appears that there were considerable mental harm to the victim.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-written judgment] The Criminal Procedure Act applies to the facts constituting a crime and the summary of evidence recognized by the court, as stated in the corresponding column of the judgment below.