강간미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of three years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal that the court below rendered against the defendant (one year and six months of imprisonment) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
According to the records, the Defendant was convicted on September 8, 2016 as a crime of violation of the Marina Society Act (including opening, etc. of gambling) at the Seoul Central District Court on the grounds that the judgment became final and conclusive on November 14, 2016, after being sentenced to six months of imprisonment and two years of suspended execution).
Since each crime of the judgment of the court below against the defendant and the above crime of violation of the Marina Act of Korea, for which the judgment of the court below became final, are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined in consideration of equity with the case where the judgment of the court below is to be rendered at the same time in accordance with the first part of Article 39
In this respect, the judgment of the court below is no longer maintained.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal (unfair sentencing) by the defendant, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are the facts charged by the judgment of the court below. The judgment of the court below was finalized on November 14, 2016, on September 8, 2016, on which the defendant was convicted of violation of the law of the Marin society (hereinafter referred to as imprisonment with prison labor for six months and two years of suspended execution) at the Seoul Central District Court on September 8, 2016.
Article 369 of the Criminal Procedure Act provides that “In addition to the addition of “1. Court rulings and decisions (Seoul Central District Court Decision 2016 High Court Order 4890, Seoul Central District Court Order 2016No. 3586)” at the end of the summary of the evidence of the original judgment, it is identical to the corresponding column of the original judgment, and thus, it shall be cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 300 of the Criminal Act applicable to the crime, Articles 297 of the Criminal Act (the attempted rape) and Article 350 of the Criminal Act.