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The judgment of the first instance shall be reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. The summary of the grounds of appeal is unreasonable in light of the following: (a) although the judgment of the court was not yet reached with the victim; (b) the Defendant did not repeat a crime by breaking his mistake; (c) the Defendant did not have any criminal record; and (d) the Defendant’s motive and degree of the indecent act in this case; and (d) the Defendant’s age, character and conduct, family character, and the risk of recidivism, which may be inferred through the circumstances before and after the commission of the crime, etc., the first instance court’s fine imposed on the Defendant is somewhat inappropriate.
3. Accordingly, the defendant's appeal is accepted, and the judgment of the first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment is reversed, and the pleading is followed again
The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 11(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes provides that a person whose judgment of conviction has become final and conclusive due to a sex offense subject to registration is a person subject to registration of personal information, on January 1, 199, Article 70 and Article 69(2) of the Criminal Act (50,000 won per day) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.
However, this court has a duty to suspend the sentence of the defendant, and the defendant has a duty to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when the suspended sentence of this case becomes invalidated in accordance with Article 61(1) of the Criminal Act.