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(영문) 서울중앙지방법원 2017.11.17 2017노2721

사기등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault against the defendant for 40 hours.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower judgment is too heavy.

(b)the first original adjudication decision-making sentence of the Prosecutor is too minor;

It is necessary to issue an order to disclose personal information in light of the criminal facts of the defendant.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment

Each appeal case against the judgment below against the defendant was consolidated in the trial of the court below, and the facts constituting the crime are concurrent crimes under the former part of Article 37 of the Criminal Code, and one punishment should be sentenced. In this respect, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act (a thief for intrusion by night room), Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (a point of fraud), Article 70 (1) 3 (a point of use of stolen cards) of the Act on Specialized Financial Business, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act (a point of use of stolen cards), each of the choice of imprisonment (excluding a point of assault by night room), and each of the choice of imprisonment (excluding a point of larceny by night room);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. According to Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, each of the reasons for sentencing specified in the judgment below’s grounds for sentencing and all other factors of sentencing indicated in the records, the sentence shall be determined within the scope of recommended sentencing guidelines set forth in the sentencing guidelines of the Supreme Court sentencing committee.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive on the criminal facts of forced indecent acts, which are sex offenses subject to registration and obligation to submit personal information, and the defendant is finally convicted.