강제추행등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The defendant does not pay a fine.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (3 million won in penalty) imposed by the court below is too unfased.
2. The circumstances favorable to the defendant are that the defendant committed an indecent act against the victim after passing through the victim's side, committed an indecent act contingently, and the degree of indecent act is relatively insignificant, and that there is no criminal record of the same kind related to the prosecution.
However, in full view of all the sentencing conditions shown in the records and arguments of this case including the fact that the crime of this case was committed by the Defendant by indecent act against the victim and assaulting the victim against it, the nature of the crime is bad, the defendant denies the crime and did not take any measures to recover the damage, and the crime of this case was committed two times before the crime was committed, the sentence imposed by the court below is too unfeasible and unfair, so the prosecutor's improper assertion of sentencing is justified.
3. In conclusion, the prosecutor's appeal is reversed in accordance with Article 364 (6) of the Criminal Procedure Act on the grounds that the appeal is reasonable, and it is again decided after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 298 of the Criminal Act, Article 260 of the Criminal Act, Article 260 of the Criminal Act, and the selection of each fine for a 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Where a conviction of an indecent act committed in the judgment that is a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is a competent agency pursuant