강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable (6 months of imprisonment and 40 hours of order to complete a sexual assault treatment program).
2. It is recognized that the instant crime committed by the Defendant’s indecent act on the part of the Defendant’s part-time employee, and that the nature of the instant crime is not weak, and that the victim would have caused considerable sexual humiliation due to the instant crime.
However, in full view of the following facts: (a) the Defendant has been recognized as all of the crimes for the first time and against the Defendant; (b) the victim did not want to be punished by the Defendant in agreement with the victim in the trial; and (c) the Defendant has no record of punishment except for the punishment for a one-time fine due to driving under drinking; and (d) the Defendant’s age, sexual conduct, environment, developments and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., the lower court’s punishment is too unreasonable and unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
【The reasoning of the judgment below in its entirety is the same as the corresponding column of the judgment below, and thus, the summary of the facts constituting a crime and the evidence admitted by the court below in its entirety is cited in accordance with Article 369 of the Criminal Procedure Act, except for the alteration of “1. The Defendant’s partial statement in court” to “1. The Defendant’s oral statement in court” in the main part of the evidence of the judgment below.
Application of Statutes
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and the protection of children and juveniles against sexual abuse;