강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000,000, and orders to complete sexual assault treatment programs for 40 hours) is too uneased and unreasonable.
2. The Defendant’s confession of the instant crime is favorable to the Defendant.
However, in light of the fact that the crime of this case was committed at the place of business (D) where many people are at night, and the nature of the crime was poor due to the crime, and the victim's age, time, place of crime, etc., the victim seems to have suffered a considerable sense of sexual shame due to the crime of this case. In fact, the victim suffered a serious sense of sexual humiliation as well as other people at the time of investigation by the investigative agency.
The Defendant, even if the Defendant reported the video of the instant case to the investigative agency, is against his mistake by denying the crime, etc., because the case was left in place, the Defendant did not reach an agreement with the victim, and did not endeavor to recover the damage.
In light of the above circumstances, the Defendant did not seem to have seen the Defendant’s act of raising women’s chest at around 2004, and even though he had been punished twice due to a forced indecent act on the part of a woman’s chest and her her son at around 2006, he again committed the crime of this case similar to this in spite of the fact that he had been punished twice due to an indecent act on the part of his her son at around 2006, and other factors of sentencing as shown in the records and arguments of this case, such as the Defendant’s age, sex, and environment, the lower court’s punishment, despite the favorable circumstances as seen earlier, is deemed unfair.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
【Grounds for a new judgment】 The facts constituting a crime acknowledged by this court.