강제추행치상
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for not less than two years and six months.
3. However, for four years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (two years and six months of imprisonment, and the cost of the lawsuit) is too unreasonable.
2. The crime of this case is deemed to have been committed by the Defendant under the influence of the victim, thereby causing injury to the victim, and the nature of the crime is not good in light of the method, circumstance, and content of the crime.
The victim seems to have suffered considerable physical and mental pain due to the crime of this case.
On July 19, 2018, the Defendant committed the instant crime during the suspension period, without being aware that he was sentenced to 10 months of imprisonment and 2 years of suspended execution due to the violation of the Narcotics Control Act.
However, the defendant has been convicted of committing the crime in this court, and there is no record of punishment for the same kind of crime.
The defendant is old and healthy, and there is an economically difficult situation as a basic living beneficiary.
The degree of injury suffered by the victim is relatively weak.
The defendant agreed with the victim at the investigation stage, and the victim did not want the punishment of the defendant, and again the court tried to have the defendant's prior action.
In full view of all the circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, the sentence imposed by the lower court is deemed unfair compared to its liability.
Therefore, the defendant's above assertion is justified.
3. As such, the defendant'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 as follows.
[Discied reasoning of the judgment below] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in each corresponding column of the judgment below.