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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
1. The summary of the grounds for appeal (Sentencing in sentencing) of the lower court’s punishment (one year of imprisonment, 40 hours of completing sexual assault treatment programs, and Restrictions on Employment) is too unreasonable.
2. The Defendant’s crime of this case committed the instant crime is an unfavorable circumstance, such as the following: (a) the Defendant committed the instant crime by deceiving the victim’s negative part of the victim, who was locked within the aircraft, as her hand, and the nature of the crime was bad; (b) the Defendant was not able to use it from the victim; and (c) the Defendant did not recover from the damage.
However, the defendant shows the attitude that he was aware of the crime of this case when he was in the trial, and that he was committed by the investigative agency to the court below. However, although he denied the crime of this case from the investigative agency to the court below's trial, he was sentenced twice to the victim immediately after the crime of this case, and it seems that he was trying to recover damage thereafter, there is no record of criminal punishment, there is no time to impose criminal punishment, and there seems to have been time of reflect that he was committed through imprisonment for not less than 2 months, and the defendant seems to have a significant obstacle to his family's livelihood if he was the most time of detention as the defendant must support his children, including favorable circumstances such as the defendant's age, sexual behavior, environment, career, circumstance of crime, etc., and the fact that the defendant's family members, etc. want to support his children, and the defendant's family members, etc. want to guide the defendant, the court below's judgment that the punishment of this case is unfair and reasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Grounds for the judgment to be used again] Criminal facts and summary of evidence recognized by this court are summarys of facts and evidence.