공연음란등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Sexual assault against the defendant for forty hours.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for six months of imprisonment and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.
2. Prior to the judgment on the Defendant’s unfair argument of sentencing, the record reveals that the Defendant was sentenced to a two-year sentence of suspension of execution on June 8, 2016 by a public performance and obscene crime at the Chuncheon District Court on May 31, 2016, and the above judgment became final and conclusive on June 8, 2016. Since each offense in the judgment of the lower court is in a concurrent relationship with the above public performance and obscene crime of Article 37 of the Criminal Act, each offense in the latter part of Article 39(1) of the Criminal Act shall be determined after examining whether to reduce or exempt the sentence, taking into account both cases where the judgment is to be rendered at the same time under Article 39(1) of the Criminal Act and equity, so in this respect
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are as follows: “The defendant was sentenced to imprisonment with prison labor for six months for obscene crimes at the Chuncheon District Court on May 31, 2016, and the above judgment became final and conclusive on June 8, 2016, for two years of suspension of execution.
In addition, “1. A previous conviction in the judgment of the court below” is added in the last part of the evidence, and the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act, except for the addition of “1. A of a reply to inquiry, such as criminal history, and a report on the result of confirmation of the previous conviction in the disposition.”
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 245 of the Criminal Act concerning the crime, the selection of punishment, and Articles 15 and 14 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;
1. Article 37 of the Criminal Code for the Treatment of Concurrent Crimes