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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
Sexual assault, 40 hours against the defendant.
Reasons
Summary of Grounds for Appeal
The sentence of the lower court (two months of imprisonment, two years of suspended execution, and forty hours of an order to attend a sexual assault treatment lecture) is too unhued and unreasonable.
Judgment
In full view of the methods and degree of indecent act, the fact that the victim wants to be punished by the defendant, the age, character and conduct of the defendant, circumstances after the crime, and various circumstances revealed in the records and pleadings of this case, such as the means and methods of the crime, the punishment of the court below is too unreasonable.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again
【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Where a conviction is finalized against a defendant who has registered personal information of this case under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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
Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, comprehensively taking into account the following factors: the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order of disclosure or notification, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom,