강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below that sentenced the defendant to an order to complete a sexual assault treatment program for 10 months or 40 hours of imprisonment is too unreasonable, since the defendant's grounds for appeal are too unreasonable.
2. In full view of the motive and background of the instant crime, the circumstance before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character and behavior, environment, etc., as the lower court’s punishment is deemed unreasonable on account of the following factors: (a) the commission and degree of an indecent act was not very serious; (b) the circumstance that the Defendant was absent from the lower court’s judgment; and (c) the Defendant had no record of criminal punishment in addition to a fine of KRW 300,000,00,000 due to larceny from the Suwon District Court’s Gyeyang Branch Branch Branch on October 21, 201; and (d) the Defendant’s motive and background, the circumstances before and after the instant crime was committed
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are as stated in each corresponding column of the judgment of the court below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 298 of the Criminal Act and the choice of punishment for the crime, Article 298 of the Criminal Act and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Where a judgment of conviction on a sex crime subject to registration of personal information under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes is confirmed, 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 the defendant is obligated to submit personal
disclosure order and.