준강제추행등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
information about the defendant for five years.
1. Summary of grounds for appeal;
A. The sentence (one year of imprisonment, etc.) imposed on the Defendant by the first instance court (as to the first instance court’s judgment) is too unhutiled and unfair.
B. The punishment (ten months of imprisonment) imposed on the Defendant and the person subject to the request for attachment order (the second judgment of the court below) by the second judgment against the Defendant and the person subject to the request for attachment order (hereinafter “the Defendant”) is too unreasonable.
2. Determination
A. We examine ex officio the judgment of the court of first instance on the part of the defendant's case and the judgment of the court of second instance on the assertion of unfair sentencing.
1) After the first and second judgment against the defendant was rendered in order, the prosecutor filed an appeal against the second judgment against the judgment of the court below, and this court tried both appeals jointly. However, since the crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, each crime of the first and second judgment against the defendant should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, among the judgment of the court of first instance, the part against the defendant and the judgment of the second judgment cannot be maintained as they are. (2) Although the defendant did not appeal against the first judgment against the judgment of the court of first instance, the defendant asserted that the first and second judgment is a biased judgment which depends only on the victim's statement, and that the defendant's non-reliance was a cause for obstruction of the performance of official duties, court insult, which is the facts charged by the court of second judgment, and that the defendant's punishment is heavy, the court below's judgment is consistent with the first and second judgment as to the defendant's assertion as to the defendant's legitimate judgment against the victim.