폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Sexual assault, 40 hours against the defendant.
1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (two years of imprisonment, forty hours of completion of sexual assault treatment programs, confiscation) is too unreasonable.
2. The ex officio judgment prosecutor applied for the amendment of an indictment with regard to the violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) as "special assault" among the names of the crimes against the defendant in the trial of the court, and the "Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act" in the applicable provisions of the Criminal Act as "Articles 261 and 260(1) of the Criminal Act", and since the above court permitted the amendment, the judgment of the court below cannot be maintained any longer.
3. 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 ground that the above ground for ex officio reversal exists, and the judgment below is reversed and it is
[C] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, in addition to adding "the defendant's oral statement" to the first head in the summary of the evidence.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant provisions of the Criminal Act, Articles 261, 260(1) of the Criminal Act (the point of assaulting to carry dangerous articles, the choice of imprisonment), Article 257(1) of the Criminal Act, Article 276(1) of the Criminal Act, Article 350(1) of the Criminal Act, Article 350(1) of the Criminal Act, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of assaulting to carry dangerous articles), Articles 261, 260(1) of the Criminal Act (the choice of imprisonment), Article 257(1)
2. Article 35 (Special Violence Crimes) of the Criminal Act among repeated crimes;
3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and
4. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.