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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.
2. Although the degree of indecent act and injury in the instant case was not minor, the lower court’s punishment is somewhat inappropriate in light of all the sentencing circumstances on the records, such as the motive, means and result of the instant crime, Defendant’s age, sexual conduct, environment, health conditions, criminal record and circumstances after the instant crime, and the fact that the Defendant was detained for a considerable period of time, and that there was no punishment for the same kind of crime, and that there was an agreement between the victims and the victims.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
In addition to the addition of “1. Defendant’s trial testimony” to the summary of the evidence of the lower judgment, all of the facts constituting a crime and the summary of the evidence are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. As examined in the judgment on the grounds of appeal prior to the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend the Republic of Korea, the punishment shall be determined as ordered by comprehensively taking into account the various circumstances and the various sentencing conditions shown in the argument
When a conviction on the crime of indecent conduct in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, the accused shall be punished for the sexual crime.