강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, the order to attend a lecture 40 hours, and the three years of the restriction on employment) that the court below sentenced is too uneasible and unreasonable.
2. As to the grounds for appeal, the fact that the defendant recognized the crime of this case, and that the defendant has no criminal record exceeding the same criminal record or fine is favorable to the defendant.
However, in light of the nature and frequency of the instant indecent act, etc., the degree of indecent act is not easy, and the victim seems to have suffered considerable mental pain and sexual humiliation due to the instant case, and the victim did not receive a letter from the victim, and the victim did not want to punish the defendant, and other all the sentencing conditions in the instant case, including the defendant's age, character and behavior, motive and attitude of the crime, and circumstances after the crime, it is deemed that the sentence imposed by the court below is too unreasonable.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court and summary of evidence, and the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with
Application of Statutes
1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances in determining the grounds for appeal above);
1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education
1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;