강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the imprisonment of eight months and the order to complete a sexual assault treatment program 40 hours) is too unreasonable.
2. The judgment of the court below is unfair in light of the following factors: (a) the victim made a considerable sense of sexual humiliation to the victim due to the instant crime; (b) the Defendant appears to be a crime using the weak status of the victim who wants to borrow money as a credit service provider; (c) the Defendant did not have any record of the same crime or fine; (d) the Defendant has no record of exceeding the same kind of fine; (e) the Defendant recognized and reflects the crime by once in the trial; (e) the Defendant reached an agreement with the victim at the trial; and (e) other various sentencing conditions in the records, such as the means and result of the crime; (e) the circumstances after the crime; (e) the Defendant
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, 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. Where a conviction against the accused is finalized on the criminal facts indicated in the judgment on the crime of sexual assault crime subject to the obligation to submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is 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
Whether the disclosure order or notification order is given or not, the age, occupation, risk of recidivism, and motive for the crime of this case.