강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
The information on the accused shall be disclosed for a period of five years.
1. The summary of the grounds for appeal is too unreasonable that the sentence (one year of imprisonment, etc.) imposed by the lower court to the Defendant and the person for whom the attachment order was requested (hereinafter “the Defendant”).
2. Ex officio determination
A. Determination of the grounds for appeal on the part of the defendant's case shall be made ex officio prior to the judgment.
According to the records, on September 25, 2019, the defendant was sentenced to a fine of KRW 1 million due to the violation of the Act on Probation and Electronic Monitoring, etc. of Specific Offenders due to the separation and damage of location tracking devices at the Changwon District Court on September 25, 2019 and the violation of the Act on Probation and Electronic Monitoring, etc. of Specific Offenders due to the obstruction of performance of duties, and one million won due to the violation of the Act on Probation and Electronic Monitoring, etc. of Specific Offenders due to the violation of the
The crime of the judgment of the court below and the crime of violation of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and the crime of obstruction of performance of official duties are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for the crime of the judgment of the court below should be imposed in consideration of equity with the case where the judgment of imprisonment with prison labor becomes final and conclusive.
For this reason, the part of the judgment of the court below on the defendant case cannot be maintained as it is.
B. If the part of the case for which the application to attach an attachment order is filed by the defendant, the appeal shall be deemed to have been filed regarding the case for which the application to attach an attachment order is filed in accordance with Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc.
Although there is no statement of grounds for appeal regarding the part regarding a request for attachment order filed by the defendant and his/her defense counsel, as long as the part concerning the defendant's case is reversed, the part concerning the request for attachment order to be tried together with the examination of the judgment of the court below should also be reversed.
3. The judgment of the court below on the ground of ex officio reversal is justified.