준강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
information about the defendant for three years.
1. Summary of grounds for appeal;
A. The lower court’s sentencing is too unreasonable.
B. It is unreasonable for the lower court to order the disclosure and notification of the information of the Defendant for three years, even in extenuating circumstances where the disclosure of personal information of the Defendant and the person subject to the request for an attachment order (hereinafter “Defendant”) should not be made.
C. It is unreasonable for the lower court to order the Defendant to restrict employment for three years at child and juvenile-related institutions, etc.
It is unreasonable that the court below ordered the defendant to attach an electronic tracking device for three years, although there is no risk of recidivism and recidivism of sexual crime against the defendant who was improper in issuing an attachment order.
2. Determination
A. The instant crime on the assertion of unfair sentencing is an indecent act committed by the Defendant against the victim who was under the influence of alcohol even after the Defendant was sentenced to a punishment for the same kind of crime, and was under the influence of a repeated crime, and thus, is not good. In light of the fact that the Defendant committed the instant crime with considerable mental impulse and pain to the victim, strict punishment against the Defendant is required.
However, the court below's punishment is too unreasonable since it is recognized that the defendant recognized the crime of this case, the defendant's mistake is divided and reflected, and that the victim does not want the punishment of the defendant by mutual consent with the victim at the time of the trial, considering the defendant's age, character, character and environment, motive, means and result of the crime, conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission of the Supreme Court, etc.
B. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse to determine the unfair argument regarding disclosure and notification orders is against sexual crimes.