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The judgment of the court below is reversed.
Defendant shall be punished by a fine of eight million won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unhued and unreasonable.
B. The above sentence of the court below is too unreasonable.
2. In light of the judgment, the crime of this case seems to require strict punishment corresponding to the responsibility of the defendant against the defendant, who had shown the attitude of not entirely against the mistake, such as denying all of the crime, even though the liability of the crime was not somewhat uncomfortable because the defendant committed the indecent act by using sparing the female of the living site in the street by sparing it, forced him to wear it by force, and deceiving the chest.
However, in light of the following factors: (a) the Defendant committed the instant crime, which was denied in the lower court due to the first instance court having no criminal power; (b) and (c) was deemed to have committed the instant crime in a contingent manner with the victim; and (d) the Defendant, as a first offender with no criminal power, seems to have committed the instant crime; and (b) the Defendant and the victim did not punish the Defendant; and (c) other sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of the lower
It is too unreasonable rather than that.
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, and the following decision is delivered
(3) Article 369 of the Criminal Procedure Act provides that a prosecutor’s appeal shall not be dismissed inasmuch as the defendant’s appeal is accepted and the judgment of the court below is reversed. [Separately used] Criminal facts and summary of evidence recognized by the court and summary of the evidence are as stated in the judgment of the court below, except for adding “1. Defendant’s oral statement” to “the first instance court statement” in the summary of evidence. Thus, it is true in accordance with the Criminal Procedure Act.