성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault against the defendant for 40 hours.
1. The decision of the court below on the summary of the reasons for appeal (No. 1: imprisonment with prison labor for 3 years, etc., and imprisonment with prison labor for 1 year and 4 months) is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the Defendant filed an appeal against the lower judgment ex officio, and this Court decided to hold a joint hearing of each of the above appeals cases. Each of the lower judgment against the Defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, one of the offenses against the Defendant should be sentenced within the scope of a sentence imposed for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the lower judgment cannot be maintained as it is.
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 defendant's unfair assertion of sentencing, and it is again decided as follows.
Criminal facts
The summary of the evidence and the summary of the judgment of the court below 200s. The judgment of the court below completed the execution of the sentence in the first intersection of North Korea on May 6, 2015.
“The execution of the sentence was completed on January 17, 2015.”
Except as set forth above, the judgment of the court below is as follows.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 15 and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Articles 319(1) and 297 of the Criminal Act (the fact of attempted rape by intrusion upon residence, the choice of imprisonment), Article 366 of the Criminal Act, Article 136(1) of the Criminal Act (the point of destroying property, the choice of imprisonment with labor), Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury)
1. Article 35 of the Criminal Act for aggravated repeated crimes: Provided, That with respect to the crimes violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 42 of the Criminal Act shall not apply;
1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (the most severe punishment) of the Criminal Code for the aggravation of concurrent crimes.