성폭력범죄의처벌등에관한특례법위반(절도강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
The seizure one unit (No. 9) shall be the one unit (No. 9) from the seized one.
1. The gist of the grounds for appeal is that the lower court’s punishment (two years of imprisonment, 80 hours of order to complete a sexual assault treatment program, and 5 years of order to disclose or notify, respectively) is too unreasonable.
2. In a case where the confession of a defendant ex officio is the only evidence against him, it shall not be admitted as evidence of guilt. Thus, in a case where the defendant is found guilty of facts charged on the basis of the confession of the defendant without any supporting evidence, it shall be deemed that there is an error of law
(2) The court below erred by misapprehending the legal principles on the evidence of confession, thereby adversely affecting the conclusion of the judgment. The court below erred by misapprehending the legal principles on the evidence of confession. The court below erred by misapprehending the legal principles on the evidence of confession and thereby adversely affecting the conclusion of the judgment.
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The substance of the evidence and the criminal facts recognized by this court and the summary of the evidence are as follows: (a) except for the addition of “1.1 thief incident first measure report (Evidence No. 118 pages)” to the summary of the evidence, all of the judgment below are as stated in each corresponding column of the Criminal Procedure Act, and thus, they are cited in accordance with Article 329 of the
Application of Statutes
1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 331(1) and 330 of the Criminal Act that choose a punishment, Article 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act, Article 330 of the Criminal Act, Article 3 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply), Articles 330 and 29 of the Criminal Act, Articles 330 and 299 of the Criminal Act (the occupation of larceny and the choice of limited imprisonment).