강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (two months of imprisonment, two years of probation, community service, 80 hours of lecture attendance, 40 hours of lecture attendance, 3 years of employment restriction order) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below (two months of imprisonment, two years of probation, 80 hours of community service, 40 hours of lecture attendance, 3 years of employment restriction order) is too uneased and unreasonable.
2. The instant crime was committed by the Defendant, a medical doctor at a university hospital, by compulsion of a victim, who is a training doctor, and the nature of the crime is bad. The victim, due to the mental shock caused by the instant crime, renounced the support of a medical resident and was receiving a mental health doctor’s medical treatment while getting out of the process of committing the instant crime.
On the other hand, however, the defendant shows the attitude of recognizing and opposing the crime of this case, and the defendant has reached an agreement to pay KRW 200 million (including KRW 30 million, which was deposited by the original court) to the victim when he was in the trial, and the victim wants to take the front offender against the defendant to the full bench, and the defendant's primary offender who has no criminal power at all, etc. shall be considered as favorable to the defendant. In full view of the defendant's age, character and behavior, environment, motive and circumstance of the crime, and various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, circumstances after the crime, etc., the punishment imposed by the
It is judged that it is too unreasonable rather than that.
Therefore, the prosecutor's argument of unfair sentencing is without merit, and the defendant's argument of unfair sentencing is justified.
3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
(No appeal by a prosecutor shall be justified, but the decision of the court below shall not be dismissed separately from the disposition, so long as the appeal by the defendant is accepted.)