강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for nine months.
Sexual assault, 40 hours against the defendant.
1. The summary of the grounds for appeal (ten months of imprisonment, forty hours of completion of sexual assault treatment programs, 3 years of restriction on employment) of the lower court is unreasonable.
2. According to the records of ex officio determination, the defendant is found to have been sentenced to eight months of imprisonment with prison labor by the Suwon District Court on May 15, 2020 for the obstruction of performance of official duties, etc. and the judgment became final and conclusive on July 17, 2020.
Therefore, the crime of the judgment below and the above crime against the defendant for which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the equality in the case of concurrent crimes under Article 39(1) of the Criminal Act and the examination of whether mitigation of punishment is exempted or not shall be determined. The court below determined punishment before the above judgment becomes final and conclusive, and the above circumstances are determined without considering such circumstances. Thus, the
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, and the judgment of the court below is reversed, and it is again decided as follows.
[Along with the reasoning of the judgment of the court below, the summary of criminal facts and evidence recognized by this court is added to the first head of the crime of the court below, "the defendant was sentenced to eight months of imprisonment with prison labor at the Suwon District Court on May 15, 2020 for the obstruction of performance of official duties, etc. and the judgment became final and conclusive on July 17, 2020." The summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for adding "1. The judgment prior to the ruling: the defendant's trial statement at the court below" at the end of the evidence to "the defendant's trial statement at the court below"
Application of Statutes
1. Relevant Articles 314(1) and 314(1) of the Criminal Act concerning the crime and the choice of punishment, each of the Criminal Code, Article 311 of the Criminal Code, and Articles 298 of the Criminal Code and Articles 40 and 50 of the Criminal Code shall be chosen to imprisonment with prison labor for each of them.