성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of the grounds for appeal: Sentencing (the first instance: Imprisonment for six months, the completion of programs for treating sexual assault, 40 hours and 3 years restricted on employment);
2. In light of the fact that the crime of this case committed an indecent act against the victim’s bucks and bucks that the Defendant sit in the seat bus side, and the liability for the crime was grave, it is necessary to hold the Defendant liable with heavy responsibility.
However, the court below's punishment is too unreasonable in light of the defendant's age, character and behavior, environment, motive and background of the crime of this case, means and consequence, and other factors of sentencing under Article 51 of the Criminal Act, such as the circumstance after the crime, etc., as well as the fact that the defendant has led to confession of the crime of this case and received a written request for use of the victim's test, and that there was no record of punishment for the same kind of crime in the past, etc.
Therefore, the defendant's assertion of unfair sentencing is accepted.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the following decision is rendered.
[Discied Reasons for the judgment of the court below] The summary of facts and evidence recognized by this court is as stated in the corresponding column of the judgment of the court below, except for the alteration of "1. Part of the defendant's court statement" to "1. The defendant's court statement" in the first head of the judgment of the court below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the choice of imprisonment with prison labor, the choice of a criminal defendant
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. An employment restriction order;
(a) Employment restrictions, such as institutions related to children and juveniles: Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); the Act on the Protection of Children and Juveniles against Sexual Abuse;