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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the prosecutor (two months of imprisonment, two years of suspended execution, twenty hours of taking the sexual assault therapy, and 80 hours of community service order) is too uneased and unreasonable.
B. The sentence imposed by the lower court is too unreasonable.
2. The crime of this case by which the Defendant was reported by approximately 80 members of the mountain conference at the mountain conference conference, and the Defendant’s sexual intercourse is exposed to the panty, and the Defendant’s act of indecent act is not easy as it repeatedly committed twice.
However, the defendant has no record of criminal punishment exceeding a fine, and the defendant has committed a violation of the mistake of crime in depth and has not committed a second offense.
Public performance and obscenity act is deemed to have been committed by the defendant under the influence of alcohol in the place of a mountain conference, and the degree of indecent act against the victim cannot be deemed to be less severe, but all of the indecent act is carried out in a timely manner in which members of the mountain conference gather and drink or drink, and the victim also wishes to take the preference to the defendant by agreement with the defendant.
In around 1995, the defendant was employed by the National Health Insurance Corporation in order to work in good faith until now, and there are circumstances in which the defendant is responsible for the livelihood of his or her wife and his or her married couple.
In addition, in full view of the circumstances where members of the mountain conference, who are victims of the performance and obscenity, want to be faced with the defendant, and all the sentencing conditions shown in the records and arguments, such as the defendant's age, character and conduct, and environment, the punishment sentenced by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and facts constituting the crime recognized by the court and the summary of the evidence.