Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Summary of Grounds for Appeal
A. The punishment sentenced by the lower court (two months of imprisonment, forty hours of order to complete a sexual assault treatment program, and five years of employment restriction order) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The judgment of the Defendant forced the victim to rhumbucks, and caused the victim’s chests. The victim seems to have suffered considerable mental pain due to the instant crime.
However, when the defendant was in the trial, the defendant recognized the crime of this case and violated it, and agreed with the victim.
The victim does not want to punish the defendant any longer, but want to take the action against the defendant.
The defendant has no record of criminal punishment after 1997.
In addition, in addition to the fact that the defendant's age, character and conduct, environment, motive, content, means and consequence of the crime, and all the sentencing conditions shown in the records and arguments of this case, including the circumstances after the crime, have changed in terms of the victim's grounds for the punishment and the source of prior carbon compared to the judgment of the court below, the punishment sentenced by the court below is too unfair.
3. The judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings since the appeal by the defendant is without merit and the prosecutor's appeal
(3) Article 369 of the Criminal Procedure Act provides that the Criminal Procedure Act shall apply mutatis mutandis to cases where an appeal by the defendant is accepted and the judgment of the court below is reversed. (4) The Criminal Procedure Act provides that the prosecutor’s appeal shall not be separately dismissed.
Application of Statutes
1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. An order to restrict employment of children or juveniles;