강제추행등
The judgment of the court below is reversed.
The defendant's crime of indecent act by compulsion is a crime of assault on the part of six months of imprisonment.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (two years of suspended execution in August, and twenty hours of community service in August) is too unhued and unreasonable.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, according to the records, the defendant was sentenced on November 2, 201 by the Jeju District Court for the crime of violation of the Punishment of Violences, etc. Act (joint injury) on November 10, 201, and the above judgment became final and conclusive on November 10, 201. As above, the crime for which the judgment became final and conclusive and the crime of indecent act by compulsion (251 case) in the judgment of the court below are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt the punishment in consideration of equity and the case at the same time under Article 39(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.
3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is again decided as follows.
[Dao-written judgment] The summary of the facts constituting an offense and the evidence admitted by the court and the summary of the evidence are as stated in the first head of the crime column [2014 Highest 251] of the first head of the crime column [the defendant was sentenced on November 2, 201 to two years of suspension of execution in August 10, 201 due to a violation of the Punishment of Violences, etc. Act (joint injury) at the Jeju District Court on November 2, 2011 and the above judgment became final and conclusive on November 10, 2011]. The summary of the evidence is as stated in the judgment below except for adding "1. Court Decision 2010 highest 1380-1 (Separation) of Jeju District Court Decision 2010 highest 1380-1)]" and "1. Inquiry report" as it is in accordance with Article 3
Application of Statutes
1. Article 298 of the Criminal Act applicable to the crime, the choice of a punishment, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment) and Article 260 of the Criminal Act;