성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the court below is reversed.
The sentence of sentence shall be suspended for the defendant.
The main sentence of the appeal is too heavy.
2. The judgment of the court below is unreasonable in light of the following: (a) the defendant paid the victim a letter of agreement (five million won) to the victim after the appeal and expressed the victim's intention not to punish the defendant; (b) the victim voluntarily participated in community service activities (380 hours) and completed prevention activities such as sexual assault (2 hours); (c) the first offender; and (d) other conditions of all the sentencing recorded in the records, such as the character, conduct, attitude, environment, etc. of the defendant.
3. The judgment of the court below is reversed, and the following is decided after pleading.
[Judgment of the court below] The summary of criminal facts and evidence is the same as the relevant column of the court below's judgment.
Application of Statutes
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;
2. A fine of 2,00,000 won to be imposed on the suspension of sentence; and
3. Article 70(1) and Article 69(2) of the Criminal Act (one-day conversion into one hundred thousand won).
4. Where a judgment of conviction against a defendant on the criminal facts in the judgment that are a sex offense subject to registration to be registered becomes final and conclusive, 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 is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.
However, if a judgment of suspension of sentence against a defendant is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). The extent of disadvantage that the defendant suffers due to the defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, seriousness of the crime, disclosure order or notification order, and the degree of disadvantage that the defendant suffers.