강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The sentencing of the lower court (one year of suspension of the execution of six months of imprisonment, 40 hours of lecture attendance order for sexual assault treatment, 2 years of employment restriction order) is too unreasonable.
2. The Defendant committed an indecent act against a female victim who was entirely unaware of the judgment, and did not receive an accusation from the victim.
However, the defendant recognizes a mistake, reflects it, and has no record of criminal punishment.
The degree of indecent act is relatively much severe.
In full view of the various circumstances, including the above circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc., the lower court’s sentencing is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading.
[Discied Judgment] The same as the relevant column of the judgment of the court below on criminal facts and the summary of evidence.
Application of Statutes
1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall submit personal information to the competent agency
An order of disclosure and notification, the age, occupation, family environment, social relationship, risk of recidivism, motive, content, disclosure or notification of the crime of this case, disadvantage and side effects of the defendant caused by the employment restriction order, and sex crimes subject to registration which can be achieved due to such order.