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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal - misunderstanding of legal principles and unreasonable sentencing
A. In light of the legal principle, Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes shall apply to the Defendant’s act, as the instant facts charged against the Defendant is an indecent act at a public place. (2) Nevertheless, the lower court erred by misapprehending the legal principle on the crime of quasi-indecent act or violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act at a public place) under Article 299 of the Criminal Act
B. The crime of quasi-indecent act constitutes a crime of unfair sentencing
Even if the court below's punishment against the defendant (one year and six months of imprisonment, 80 hours of completion of a sexual assault treatment program, 3 years of disclosure and notification, 3 years of employment restriction order) is too unreasonable.
2. Determination
A. As to the assertion of misapprehension of the legal principle, the crime of quasi-indecent act under the Criminal Act is established when an indecent act is committed by taking advantage of the person’s mental disorder or state of failing to resist, and is punished by imprisonment for not more than ten years or by a fine not exceeding 1.5 million won. The crime of indecent act in public place (hereinafter “the crime of indecent act in public place”) in violation of the Act on Special Cases concerning the Punishment,
(2) In general, a special law takes precedence over the general law and takes precedence over the former law, the principle that the former law takes precedence over the former law applies to cases where a law, which is the same type of a statute, leads to mutual inconsistency (see, e.g., Supreme Court Decision 2014Do14166, Nov. 25, 2016). The crime of indecent act in a public smuggling place, is established when there is no assault or threat, or when it is not recognized that there is no circumstance using the state of human mental or physical disability or non-performance, thereby punishing an indecent act in a public smuggling place, which is not punishable as a crime of indecent act or quasi-act of indecent act.