강제추행
The judgment of the first instance shall be reversed.
The sentence against the accused shall be 2,00,000 won.
The above fine shall be imposed on the defendant.
1. The judgment of this court is based on an erroneous determination of the gist of the grounds for appeal (the defendant did not commit an indecent act by force against the victim F) and unfair sentencing
A. According to each statement, etc. made by the victim F and witness in the court of first instance in relation to the assertion of mistake of facts, etc., it can be recognized that the defendant met the parts of the victim's left chest, such as the parts on the part above the victim's chest, etc., and the parts on the part above, etc.
(I) The defendant's argument of mental disability cannot be accepted. (B)
In full view of the following circumstances: (a) the Defendant has no criminal history exceeding the same criminal record or fine; and (b) the Defendant’s age, character and conduct, family type, motive and background of the offense; (c) the circumstances before and after the offense; (d) the risk of repeating the offense; and (e) the amount claimed at the time of the initial summary indictment, the first instance court’s fine imposed on the Defendant is somewhat unreasonable.
3. As a result, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. On January 1, 298 of the Criminal Act, Article 70 and Article 69(2) of the Criminal Act with respect to the registration, disclosure and notification of personal information under Article 334(1) of the Criminal Procedure Act, which is a sexual crime subject to registration, becomes final and conclusive.