아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Except for the dismissed part, the guilty part of the judgment below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. Of the facts charged in the instant case, the lower court dismissed the prosecution on each of the assault against the victim F (name: G), the victim D (name: E) and the victim H (name: I). The Defendant appealed from the lower judgment on the ground of unfair sentencing as to the guilty portion, on the ground of unfair sentencing, on the grounds of erroneous determination of facts and the guilty portion among the lower judgment, on the grounds of unfair sentencing.
Therefore, since the court below's dismissal decision against the defendant was separated and confirmed as it is, the dismissal part was excluded from the scope of this court's adjudication.
Ultimately, only the portion of the judgment below's conviction and not guilty belongs to the scope of the appellate court's trial.
2. Summary of grounds for appeal;
A. A. On November 15, 2018, the Defendant assaulted the victims from the beginning to borrow money from the victim B for the purpose of gaining money from a sports entertainment entertainment entertainment from the victim B, and let the victim H lend the money to the victim B, so the victim B and H constitutes the victim of the public entertainment, and the victim D shall be deemed the victim of the public conflict or attempted attack. Nevertheless, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment by recognizing only the victim H as the victim of the public conflict. 2) The guilty portion of the lower judgment (i.e., imprisonment with prison labor and 40 hours to complete order) is unreasonable.
B. The lower court’s sentence is too unreasonable as the Defendant (e.g., the Defendant’s punishment) is too unreasonable.
3. Determination
A. Before determining the grounds for appeal ex officio, the Defendant was sentenced to two years of suspension of execution on July 12, 2019 to imprisonment with prison labor for a crime of extortion at the Cheongju District Court on July 4, 2019, and the said judgment became final and conclusive on July 12, 2019.
Article 39 of the Criminal Act is applicable to concurrent crimes under the latter part of Article 37 of the Criminal Act, such as the instant crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc.