준강제추행등
All the judgment below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall be 40 hours.
1. Summary of the grounds for appeal: Sentencing (the first instance court: Imprisonment with prison labor for one year, 40 hours after completing the sexual assault treatment program, and the second instance: Six months);
2. The first and second original judgments are sentenced to each of the judgment below, and the defendant filed an appeal against each of the above two appeals cases, and this court decided to hold concurrent hearings. Since each of the crimes of the first and second original judgments against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and it is reasonable to sentence one punishment pursuant to Article 38(1) of the Criminal Act, the first and second original judgments cannot be maintained as they are.
3. If so, the judgment of the court of first and second trials on the grounds of the above ex officio reversal, without examining the defendant's assertion of unfair sentencing, all of the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is again decided as follows.
[Discied Reasons for the judgment of multiple court] Criminal facts and summary of evidence recognized by the court is identical to those stated in the corresponding column of the first and second original judgment.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant legal provisions concerning criminal facts, Articles 299, 298, and 298 of the Criminal Act, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. A person on the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order: A mitigated person, considering the circumstances and methods of each of the instant crimes, etc., where the Defendant’s liability is grave, and the victim’s license for a quasi-indecent act by force has not been granted until the court is in the court: The mitigated person has no record of being punished for the same kind of crime in the past, such as confession, confession, and the fact that he/she has no record of being punished for the same crime in the past, shall be determined by taking account of all