성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the first instance shall be reversed.
The sentence of sentence against the defendant shall be suspended.
1. The summary of the grounds of appeal is unreasonable in light of the following: (a) although the judgment of the court was not yet reached with the victims; (b) the Defendant did not repeat the offense in depth; (c) the Defendant did not have any criminal record; (d) the Defendant did not commit an indecent act in this case; and (e) the background and degree of the indecent act in this case; and (e) the Defendant’s age, character and conduct, family attitude, and the risk of recidivism, which may be inferred through the circumstances before and after the commission of the offense, etc., the first instance court’s fine imposed on the Defendant is somewhat inappropriate.
3. Accordingly, the defendant's appeal is accepted, and the judgment of the first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment is reversed, and the pleading is followed again
The summary of the facts charged and the evidence admitted by the court is identical to that of the judgment of the court of first instance, except that it is corrected to " July 4, 2013" from among the facts charged in the judgment of the court of first instance, and thus, it is acceptable to accept them as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 11(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed on January 1, 1, 200, a fine of 1,500,000 won, which is to be suspended on January 1, 200, which is to be imposed on the punishment of a sexual crime under the pertinent law and the choice of a punishment (the selection of a fine).
However, the court has suspended the sentence against the accused, and the accused is subject to the punishment of sexual crimes, where the suspended sentence of this case is invalidated in accordance with Article 61(1) of the Criminal Act.