준강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The sentencing of the lower court (two years of imprisonment with prison labor for six months suspension, eight hours of community service order, and forty hours of lecture attendance order for sexual assault therapy) is too unreasonable.
2. The victim's age is minor to 17 years of age at the time of committing the crime and the degree of an indecent act is minor;
However, the defendant recognizes a mistake, seriously reflects the defendant, and has no record of criminal punishment.
The Defendant paid KRW 20 million to the trial, and agreed with the victim.
In full view of the various circumstances, including the above circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc., the lower court’s sentencing is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading.
[Discied Judgment] The same as the relevant column of the judgment of the court below on criminal facts and the summary of evidence.
Application of Statutes
1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 the accused shall submit personal information to the competent agency
The defendant's age, occupation, family environment, social relationship, risk of recidivism, motive, contents, disclosure order or notification order, employment restriction order, disadvantage and side effects of the defendant's injury due to the order of disclosure and notification, exemption of employment restriction order, etc.