강간치상등
All judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (the first instance court: imprisonment with prison labor for 2 years and 6 months, and the second instance court: imprisonment with prison labor for 1 years and 6 months) is too unreasonable.
2. The Defendant, ex officio, filed an appeal against the judgment of the court below Nos. 1 and 2, and this court tried to consolidate each appeal case.
Since each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, if judgment is rendered at the same time, one punishment shall be sentenced in accordance with Article 38(1) of the Criminal Act.
Therefore, the judgment of the court below in 1 and 2 cannot be maintained as it is.
3. As such, the judgment of the court below Nos. 1 and 2 is reversed ex officio as seen above. Thus, without examining the defendant's unfair argument about sentencing, all of them are reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
[Grounds for a new judgment] Criminal facts and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the first and second judgment, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act regarding criminal facts and the choice of punishment [the maximum of the statutory penalty shall be 15 years stipulated in the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Articles 356 and 355 (1) of the Criminal Act (amended by Act No. 10259, Apr. 15, 201); Articles 231 of the Criminal Act (amended by Act No. 234 and 231 of the Criminal Act (amended by Act No. 10259, Apr. 15, 201); Articles 234 and 231 of the Criminal Act (amended by Act No. 10231, Apr. 15, 201);
1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Special cases concerning the punishment, etc. of sexual crimes committed by the Gu exempt from disclosure orders and notification orders;