준강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. In light of the gist of the grounds for appeal by the defense counsel (unfair form of punishment) is against the defendant, and the defendant commits the instant crime by drinking alcohol and contingently, the victim E and her husband expressed their intention not to be punished, and the victim E and her husband are receiving mental treatment in order to improve sexual impulses, the sentence of the court below that sentenced the order to complete the sexual assault treatment program for eight months and forty hours is too unreasonable.
2. In light of the following facts: (a) the Defendant’s mistake is against himself; (b) the Defendant committed the instant crime by drinking alcohol and contingently; (c) the victim E and her husband F expressed his intent that the victim would not want to punish the Defendant; (d) the Defendant has no record of criminal punishment; (c) the Defendant’s age, character and behavior, environment, motive and background of the offense; (d) means and method of the offense; (e) circumstances after the offense; and (e) the degree of damage, etc. of the Defendant’s character and conduct as indicated in the instant records and arguments, including the degree of damage, the lower court’s punishment is deemed unreasonable, and thus, the above assertion is reasonable.
3. The judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. The judgment that constitutes a sex offense subject to registration under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by community service or attending lectures.