공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Sexual assault, 40 hours against the defendant.
The gist of the defendant's appeal is that the punishment imposed by the court below (the completion of a sexual assault treatment program for one year and 40 hours) is too unreasonable, so the defendant's agreement is reached with the victim F, L,O, and 30,000 won each after the crime of this case, the police officer D and the victim I deposited 30,000 won each after the crime of this case, and their mistake is divided in depth, and other various circumstances that are the conditions of sentencing in this case, the defendant's punishment imposed by the court below against the defendant is deemed unfair, and the above argument is justified.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts and the point of obstructing the performance of official duties of the choice of punishment: Article 136 (1) of the Criminal Act: Violation of Article 314 (1) of the Criminal Act concerning the damage to property: Violation of Article 366 of the Criminal Act concerning indecent act by compulsion: Article 298 of the Criminal Act;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes against which personal information is registered becomes final and conclusive as a result of a conviction of indecent act by force on the judgment that is a sex offense subject to registration, the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.
Meanwhile, in full view of the statutory penalty and nature of the crime of indecent act by compulsion, which causes the registration of personal information, and the seriousness of the crime, personal information in this case is personal information in accordance with Article 45(4) of the same Act.