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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the punishment (a fine of two million won and an order to complete a sexual assault treatment program for 16 hours) imposed by the court below on the defendant is too unreasonable.
2. Although the victim appears to have suffered considerable mental pain due to the Defendant’s act and behavior after the crime, etc., although the Defendant did not receive a letter from the victim due to an agreement, etc., the Defendant was unable to receive the Defendant’s consent from the victim. However, in the first instance court, the Defendant did not have any criminal record, and did not have any criminal record, and the Defendant committed the instant crime in a contingency under the influence of alcohol, and the degree of indecent act against the victim was relatively serious. In addition, considering the various circumstances that are conditions for sentencing on the records, including the circumstances before and after the commission of the instant crime, the Defendant’s age, character and behavior, environment, occupation, and family relation, the sentence imposed by the lower court is somewhat unreasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: 1. The summary of the judgment of the court below is the same as the description of each corresponding column of the judgment of the court below in addition to adding "the defendant's oral statement" to "the summary of evidence" column of the judgment of the court below. Thus, it is also cited in accordance with
Application of Statutes
1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;
1. A fine of two million won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse (amount of KRW 100,000 per day);
1.The suspension of sentence shall be registered and submitted in accordance with Article 59, Section 1 of the Criminal Code (As seen above, taking into account the circumstances favorable to the defendant).