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(영문) 서울고등법원 2015.11.06 2015노2272

강간등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Samsung Tallon ju (No. 1) seized Samsung Tallon 3.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor: (a) applied for permission to change the applicable provisions to “Article 261 of the Criminal Act” in Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; and (b) Article 260(1) of the Criminal Act; and (c) the subject matter of the judgment was changed by this court’s permission.

Therefore, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows, except for the change of "violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.)" to "special violence" in Part 3 of the judgment of the court below, and therefore, it is identical to the corresponding column of the judgment of the court below. Thus, it is cited in accordance with

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act, Article 297 of the Criminal Act, Article 297 of the Criminal Act, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs, such as a camera, the choice of imprisonment), Articles 261 and 260 (1) of the Criminal Act (the point of assault against carrying dangerous things, the choice of imprisonment) concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes prescribed in Article 2-3 of the Judgment with the most severe punishment)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Order to complete a program;