아동ㆍ청소년의성보호에관한법률위반(강제추행)등
The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.
Defendant shall be punished by imprisonment for a period of two years and six months.
1. The first instance court rendered a judgment of conviction on the part of the case of the Defendant and dismissal of the prosecutor’s request regarding the part of the case for which the attachment order was requested, and there is no benefit of appeal on the part of the case for which the attachment order was requested, since only the Defendant appealed.
Therefore, notwithstanding the provisions of Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment of the court below requesting attachment order among the judgment of the court of first instance is excluded from the scope of the judgment of this court.
The scope of this court's adjudication shall be limited to the part of the judgment of the court of first instance and the part of the judgment of the court of second instance
2. The sentence imposed by the lower court on each of the grounds for appeal is too unreasonable.
3. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
Of the judgment of the court of first instance, the part of the case by the defendant and the judgment of the court of second instance rendered each judgment, and the defendant filed each appeal against them, and the court decided to hold the above two appeals together for a new trial.
However, among the judgment of the court below of first instance, each crime of the defendant's case and the judgment of second instance with the judgment of the court of second instance is concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be sentenced pursuant to Article 38 (1) of the Criminal
Ultimately, the part of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained in entirety.
4. In conclusion, the part of the judgment of the court below of first instance and the part of the judgment of the court below on the grounds of reversal ex officio as seen earlier, the part of the judgment of the court below on the grounds of appeal is reversed, and this part is all reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows,
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act concerning facts constituting an offense;