성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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 became final.
1. The gist of the grounds for appeal is too unfilled and unreasonable.
2. In full view of the Defendant’s age, character and conduct, environment, circumstances leading to the Defendant’s crime, means and consequence, etc., and the overall sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, the lower court’s punishment is too uneasible and unfair.
3. Accordingly, 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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Penalty for Crimes;
1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant reflects on the stay of execution);
1. Where a conviction against a defendant is finalized in relation to the criminal facts subject to registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related
When considering the age of the defendant exempted from the disclosure or notification order, the risk of recidivism, the type, motive, process, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration to be achieved due to such order, and the protection effect of the victim, etc., comprehensively.