강제추행
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The summary of the grounds for appeal is too unreasonable that the punishment (a fine of three million won and an order to complete a sexual assault treatment program for forty hours) imposed by the court below on the defendant is too unreasonable.
2. In light of the following circumstances: (a) the Defendant recognized the Defendant’s mistake and reflects his depth; (b) 33 years prior to the commission of the instant crime, the Defendant was punished once by a fine for a type different from the instant crime; (c) there is no record of the crime; (d) the Defendant did not have any force to commit the instant crime; (c) the Defendant committed the instant crime in a contingency under the influence of alcohol; (d) living conditions are very rough and difficult; and (e) the victim did not want the Defendant’s punishment by mutual consent with the victim; and (e) other various circumstances, including the motive and background leading up to the instant crime; (e) the circumstances before and after the instant crime; (e) the Defendant’s character and conduct, family relationship, occupation, etc., are considered to be attached to the sentencing records
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;
1. A fine of three million won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse (amount of KRW 100,000 per day);
1. Article 59(1) of the Criminal Act of the suspended sentence provides that a person who is finally convicted of a sex offense subject to registration is a person subject to registration of personal information, and Article 42(1) of the Act on Special Cases concerning the Registration of Personal Information and the Punishment, etc. of Sexual Crimes submitted to him/her.
except that this Court shall be the defendant.