폭력행위등처벌에관한법률위반(공동상해)
The judgment of the court below is reversed.
The defendant shall be exempted from punishment.
1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
According to the records, the Defendant was sentenced to four years of imprisonment on February 10, 2017 for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary coercion, etc.) in support for the development of the Suwon method, and the judgment became final and conclusive on August 11, 2017.
The crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., which became final and conclusive, and the crime of this case shall be sentenced to punishment for the crime of this case in consideration of equity in cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act with regard to concurrent crimes after Article 37 of the Criminal Act.
Therefore, the judgment of the court below cannot be maintained.
3. The judgment of the court below is reversed ex officio on the ground that there is a ground for reversal of the above authority, and the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.
[Re-written judgment] The criminal facts and the summary of evidence acknowledged by this court are the criminal facts and the summary of evidence. The first sentence of the judgment of the court below, which stated in the first sentence of the crime, "the defendant was sentenced to four years of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( forced act, etc.) in the support for the development of the Suwon Flag Flag method," and the judgment became final and conclusive on August 11, 2017.
In addition, “1. Copy of the Investigation Protocol of the Police Suspect” in the summary of the evidence of the judgment of the court below is changed to “1. Defendant’s legal statement” and “1. Judgment” is the same as each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2(2)3 of the Act on the Punishment of Violences, etc. against Criminal Facts, Article 2(2)3 of the Act on the Selection of Punishment of Violences, etc., Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act shall be selected.