강제추행
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The main point of the grounds for appeal is as follows: (a) the lower court’s sentence (the 3 million won suspended sentence) is too unfilled and unreasonable.
2. Ex officio determination: The instant crime constitutes a sexual crime falling under Article 2(1)3 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and constitutes a sex offense subject to registration under Article 42(1) of the same Act, and thus, constitutes an offense subject to disclosure and notification under Articles 47(1) and 49(1) of the same Act and Articles 49 and 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.
If the lower court found the Defendant guilty of committing an indecent act, but omitted judgment on the order to disclose or notify personal information against the Defendant, and the order to disclose or notify information is an incidental disposition simultaneously with the conviction, and all or part of the order to disclose or notify information is unlawful, it shall be reversed in full even without any error in the remaining part of the Defendant (see, e.g., Supreme Court Decision 2012Do5291, 2012, Jun. 28, 2012). Ultimately, the conviction portion of the lower judgment cannot be maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;
1. A fine of three million won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Article 59(1) of the Criminal Act of the suspended sentence (the defendant is the first offender who is a university student, confession, and seriously reflects the fact, and the defendant is the defendant.