준강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal is that the lower court’s punishment [the first instance court ordered the Defendant to receive the sexual assault treatment lecture for six months of imprisonment and forty hours of completion of the sexual assault treatment program (the first instance court ordered the Defendant to receive the “malary”, but this is clearly erroneous in its judgment.
[2] The court below held that the court below did not err by misapprehending the legal principles
2. Each of the instant crimes is an indecent act committed by the Defendant against the victims who had been unable to resist, and in light of the motive, circumstance, and method of the crime, the nature of the crime is not weak.
However, in full view of the circumstances that are favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, the court below's punishment is somewhat inappropriate, taking into account the following circumstances: (a) the defendant led to confession and agreement with the victim on the crime No. 1 in the judgment of the court below; (b) the defendant has no record of punishment for the same kind of crime; (c) the defendant was detained for about two months after the decision of the court below was rendered; and (d) the fact that the defendant reflects his mistake; and (e) other circumstances that are conditions for the argument of this case and the sentencing as indicated in the records.
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 the following decision is rendered again.
[C] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment of the court below in addition to changing "1. The defendant's partial statement" from the summary of the evidence to "1. The defendant's oral statement"
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant Articles 299 and 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;
2. The former part of Article 37 and Article 38(1) of the Criminal Act among concurrent crimes.