강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Sexual assault, 80 hours against the defendant.
1. Summary of grounds for appeal;
A. The sentence imposed by the court below on the defendant (the order to complete a sexual assault treatment program with imprisonment for 10 months and 80 hours) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The crime of this case is deemed to have no criminal history against the defendant, the defendant, who is a police officer to defend laws and principles and to prevent the crime, used the status of a responsible guidance officer that may influence the appointment of the victim's regularly, and used to make sexual expressions that make it difficult for him/her to put him/her in the vehicle and horse and to make him/her go further, and even if he/she explicitly expressed his/her intention of refusal, it is highly likely that he/she would be subject to social criticism as an indecent act by neglecting the victim's intent even though he/she explicitly expressed his/her intention of refusal. Thus, the punishment should be imposed even if considering that the defendant did not have any criminal history, the defendant seems to have committed the crime of this case, the defendant seems to have been late against the crime of this case, and that he/she deposited 2
However, after the judgment of the court below, the victim submitted an application to the effect that it would be able to alleviate the burden of the victim's mind and search for the peace of mind. In full view of all the circumstances that are conditions for the sentencing of this case as shown in the argument of this case, while respecting the victim's intentions to respect the defendant's prior position, the punishment sentenced by the court below is too unreasonable.
3. As such, the prosecutor’s appeal claiming unfair sentencing is without merit, but the defendant’s appeal is with merit, and the judgment of the court below is reversed under Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Judgment] Criminal facts and summary of evidence recognized by this court.