강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal (the original decision: a fine of five million won and 40 hours after completion of a sexual assault treatment program);
2. Judgment on the grounds for appeal by both parties ex officio is examined ex officio.
On November 20, 2019, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Goyang Branch of the District District Court on November 20, 201, and the judgment became final and conclusive on April 18, 2020.
As above, since the crime of violation of the Road Traffic Act and the crime of violation of the latter part of Article 37 of the Criminal Act are concurrent crimes, the punishment shall be sentenced in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act.
In this regard, the prosecutor added "the defendant was sentenced on November 20, 201 to imprisonment with prison labor for the violation of the Road Traffic Act for the crimes of violation of the Road Traffic Act in the Goyang Branch of the Jung-gu District Court on November 20, 2019, and the judgment became final and conclusive on April 18, 2020" as criminal records of the facts charged in this case at the trial, and applied for amendments to the indictment to add "the latter part of Article 37 and Article 39 (1) of the Criminal Act" to the applicable provisions of the Act, and this court permitted this
In this respect, the judgment of the court below is no longer maintained.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment below. The judgment below is reversed and it is again decided as follows.
[Reasons for the judgment of multiple times] Criminal facts and the summary of evidence recognized by the court below's first instance court's summary of criminal facts and evidence are as stated in the corresponding column, except for adding "(criminal records)" to the judgment of the court below as stated in the first head of the crime, to the defendant's imprisonment with prison labor for a crime of violating the Road Traffic Act (driving on November 20, 201) at the Goyang Branch of the Jung-gu District Court's High Court's High Court's High Court's High Court's order on April 18, 2020 and the judgment became final and conclusive on April 18, 2020.
(Article 369 of Criminal Procedure Act).