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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 1.5 million) is too unreasonable.
2. In full view of all the conditions of sentencing as shown in the records and changes of the case, the sentence imposed by the court below against the Defendants seems to be somewhat unreasonable, in light of the following: (a) the Defendant did not return to the house price and street during the time when the Defendant was exposed to her sexual organ; (b) the Defendant, while under the influence of alcohol, interesting in the marital fighting and coming out of the body with a contingency, and having no history of being punished for sexual crimes; and (c) the Defendant did not have any history of being punished.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
【Grounds for another judgment】 The criminal facts and the summary of evidence against the defendant recognized by the court are identical to the records in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);
1. Article 59(1) of the Criminal Code of the Suspension of Pronouncement [the sentence to be suspended: fine of 1.5 million won] of the Pronouncement of Pronouncement of Pronouncement of Pronouncement of Sentencing is determined as per Disposition in consideration of the various factors of sentencing in advance of the reasons for reversal
There is a risk of recidivism of general sexual crimes in light of the criminal records of the defendant exempted from the employment restriction order.
If it is difficult to see the Defendant’s age, the type and motive of each of the instant crimes, the process of the instant crimes, the prevention of sexual crimes expected to be registered by an open order or an order of notification, the effect of the protection of victims, and the degree of disadvantage and anticipated side effects of the Defendant’s entry, etc., the special circumstances that need not issue an employment restriction order.