강제추행등
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence (3 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) imposed by the court below on the defendant is too unreasonable.
2. The judgment below's punishment is too unreasonable in light of the following: (a) the Defendant has been recognized with all of the crimes when it comes to the trial; (b) the Defendant did not have any record of criminal punishment except for the punishment of a fine due to occupational and actual injury in 1980; and (c) the Defendant reached an agreement with the victim when it comes to the trial; and (d) other conditions of sentencing as indicated in the records, such as the form of indecent act, the degree of assault, the background of the crime in this case, the circumstances after the crime, the Defendant's age, sexual behavior, and the environment.
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 reasonable, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 298 of the Criminal Act, Articles 298 and 260 (1) of the Criminal Act, and the choice of fines for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. A fine of three million won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);
1. Where a conviction against the defendant on the crime of sexual assault crime subject to the obligation to submit personal information under Article 59(1) of the Criminal Act of the suspended sentence is finalized, the defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to a related agency as prescribed in Article 43 of the same Act.
In this case.