강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 1.5 million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.
2. In full view of the various sentencing conditions shown in the records and arguments of this case and the fact that the defendant did not have any record of committing any crime in Korea and is in depth, the sentence of the court below is too unreasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified, and the following is ruled again after pleading.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they shall be quoted by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. 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 with respect to a crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to a related agency pursuant to Article 43
In light of the overall circumstances revealed in the records and arguments of this case, disclosure order or notification order, expected side effects and the prevention effect of sexual crimes subject to registration, the protection effect of victims, etc., the court shall not issue an order to disclose or notify personal information to the defendant, on the grounds that there are special circumstances that the disclosure of personal information should not be disclosed or notified.