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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
An application for remedy by an applicant for compensation.
Reasons
1. The main sentence of the appeal is too heavy.
2. After filing an appeal, the Defendant did not punish the injured party by mutual agreement with the injured party (at least 3.5 million won in agreement) after filing an appeal.
It is expected that the crime will not be re-offending, because it seems to be seriously and seriously against the crime.
In addition to the favorable circumstances revealed in the reason of sentencing and all other conditions of sentencing indicated in the record, it is necessary to re-determine the punishment.
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. Penalty surcharge of the suspended sentence of KRW 2,00,000; and
3. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse (100,000 won per day).
4. Article 59 (1) of the Criminal Act ( considered as favorable circumstances revealed in the course of destruction) of the suspended sentence;
5. Article 32 (1) 2 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits Filed for an application for compensation order (the existence or scope of liability for damages is unclear after the filing of the application by mutual consent);
When a conviction on a crime of compulsory indecent act on the judgment that is a sex offense subject to the registration of personal information 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 the competent agency pursuant to Article 43 of
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 defendant’s age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, result, and gravity of crime.