성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal (e.g., both types of punishment) is so unreasonable that the sentencing of the lower court is too inappropriate.
2. The crime of this case is an indecent act committed by the victim who invaded upon the victim’s residence where the entrance was opened, and thus, is not good in light of the content and method of the crime, and the degree of indecent act, etc.
However, in light of the following facts: (a) the Defendant denied the instant crime; (b) the Defendant committed the instant crime against one’s wrong during the time of the trial; (c) the Defendant was aware of the instant crime; and (d) the Defendant agreed with the victim at the time of the trial; (c) the victim submitted a written statement that he did not want to punish the Defendant; (d) the Defendant was a primary offender who has no record of criminal punishment; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) all the sentencing conditions indicated in the pleadings, including the circumstances after
Therefore, the defendant's assertion of unfair sentencing is justified.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows.
[Discied reasoning of the judgment below] The facts constituting an offense and the summary of the evidence admitted by the court below and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except where the "written statement of the defendant" in the summary of the evidence of the written judgment is changed into "written statement of the defendant at the court below" and thus, it is acceptable in accordance with Article 369 of the
Application of Statutes
1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. An order to attend a course of sexual crime;