강제추행상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the period of three years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of two years and six months and forty hours and the order to complete a sexual assault treatment program) is too unreasonable.
2. The Defendant committed the instant crime by committing an indecent act against a female victim of the first side who had a new wall go through the alleyway of the church parking lot, by using sparing the victim behind the church parking zone, and drinking the chest, etc. In the process, the victim resisted against the victim, causing bodily injury to the victim by selling the victim' face and head several times in drinking, and thereby committing the instant crime. The Defendant continued to commit an indecent act against the victim until the victim was avoided by the dong-gu resident, and even if he was to be obstructed by the dong-gu resident, the crime is very poor in light of the background of the relevant crime and the method of the relevant crime.
The defendant's crime of this case shows that the victim suffered heavy mental shock and pain along with a considerable sexual humiliation, and in fact, the victim complained of anxiety and fear caused by the defendant.
Such circumstances are disadvantageous to the defendant.
However, when the defendant was in a trial, the whole crime of this case is recognized and his mistake is divided in depth, and the degree of injury suffered by the victim is very serious.
The defendant presented his opinion that "the victim's statement of agreement and withdrawal of complaint," which was paid by the defendant in the criminal conciliation procedure of the prosecutor's office, did not change the defendant's intent to punish the defendant due to the denial of part of the defendant's crime, but the court below did not clearly express the defendant's intention to punish the defendant." However, the defendant presented his opinion that "the victim's attorney will not change the victim's intention to agree, and the defendant raised an appropriate punishment to prevent the defendant from committing a second offense against his mistake, and does not necessarily want to be sentenced to punishment."