강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In a case where only the Defendant requested a formal trial after being sentenced to a fine in a summary order by misunderstanding the legal principles, it is against the principle of prohibition of disadvantageous change to the disadvantage of the lower judgment in addition to a fine.
B. The Defendant did not commit an indecent act against the victim as stated in the instant facts charged.
C. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.
2. Determination
A. As to a case where a defendant requested a formal trial with regard to a summary order on the assertion of misapprehension of legal principles, a sentence more severe than that of the summary order shall not be imposed. In this case, whether the sentence was modified disadvantageous to the defendant shall be determined on the basis of the severity of the punishment under the Criminal Act, but it shall not be considered individually and formally, but it shall be determined by considering whether it is not substantially disadvantageous to
The order to complete a sexual assault treatment program is a type of treatment in society for so-called criminals, not a punishment itself but a security measure. However, it is practically limited to physical freedom by obtaining compulsory completion of the sexual assault treatment program.
In light of the above legal principles and legal principles, in this case where only the defendant requested a formal trial against a summary order of KRW 2 million, the court below's issuance of a fine identical to the fine prescribed in the summary order and the new order to complete the program is not allowed since it was modified disadvantageous to the defendant, considering the whole and substantial aspects.
(see, e.g., Supreme Court Decision 2014Do3390, Aug. 20, 2014). Therefore, the Defendant and the defense counsel’s assertion of legal principles is with merit.
B. The judgment of the court below on the assertion of mistake is recognized by the evidence duly adopted and examined.