강제추행치상
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal (e.g., imprisonment with prison labor) of the original judgment is too unreasonable;
2. After a meeting with the victim, who is an employee of a business partner, the Defendant committed an indecent act by force against the victim by taking advantage of the victim's driver's right, and the victim was tried to prevent the Defendant from committing an indecent act, and was injured by the victim.
The crime of this case is a bad nature in light of the relationship between the defendant and the victim, the details, and the result of the crime.
The victim seems to have suffered considerable physical and mental pain due to the crime of this case.
Such circumstances are disadvantageous to the defendant.
On the other hand, after the sentence of the judgment of the court below, the defendant recognized the crime of this case in late late, and in addition, the defendant made efforts to recover the damage and expressed his intention that the victim does not want to be punished against the defendant.
The defendant was dismissed from office for a long time in this case.
There is no criminal record who has been sentenced to more severe punishment than sex offense or fine.
These circumstances are favorable to the defendant.
In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant argument, including the circumstances after the crime, and the scope of recommended sentence and the criteria for suspended execution according to the sentencing guidelines established by the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.
3. The lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act, on the grounds that the appeal by the Defendant is well-grounded, and the following judgment is rendered again after pleading.
【Grounds for the Judgment of the Supreme Court 】 Facts constituting a crime and the summary of evidence recognized by the court / The summary of the facts constituting a crime and the summary of evidence is "the summary of evidence" of the judgment of the court below.