성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The gist of the Defendant’s grounds for appeal is that the Defendant’s punishment (2 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) was too excessive and unfair (defensive, the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles was withdrawn). 2. The Defendant, including the change of circumstances after the lower judgment, has the following favorable circumstances, including the victim’s sex, age, place of prosecution, the degree and degree of prosecution, the victim’s sex, age, the Defendant’s age, sexual behavior, the environment, and the circumstances after the crime. In addition, considering the following circumstances, the Defendant’s punishment of the lower court is heavy.
The decision is judged.
① The Defendant had lived faithfully before committing the instant crime without any particular criminal record.
② The Defendant, who had ever denied a crime by an investigative agency, has been in violation of the depth by recognizing all of the crimes to be committed in late late.
③ Although the contact with the victim did not reach an agreement with the victim because it does not contact, it is not the best to support the victim’s sexual assault counseling center in Korea, and to support a certain monthly amount every three years in the future, and thus indicate the awareness of the crime of deception against the victim.
(4) The defendant is expected to live faithfully while preparing for employment as a university student and serving as a stamp to society in the future.
There are many things.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;