아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 15 million.
The above fine shall not be paid by the defendant.
1. Reasons for appeal: The sentence of the lower court (a fine of KRW 15 million, etc.) is too unhued and unreasonable.
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
"A crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive" shall be deemed concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a punishment shall be imposed in consideration of equity in cases where a crime among concurrent crimes is not adjudicated and a crime for which judgment has become final and conclusive under Article 39
(see, e.g., Supreme Court Decision 2015Do5257, Jun. 24, 2015). According to the records, the Defendant was indicted on May 6, 2020 with the Busan District Court’s Branch Branch Branch Branch Branch Decision 2020Dadan899, May 6, 2020, and was sentenced to imprisonment with prison labor on June 11, 2020, and the judgment became final and conclusive on the 19th of the same month.
Therefore, since the crime of violation of the Road Traffic Act and the crime of this case committed before the judgment becomes final and conclusive falls under concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for the crime of this case shall be determined after considering equity and equality in the case where a concurrent judgment is rendered pursuant to Article 39(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, on the ground that the above grounds for ex officio reversal exist, and the judgment of the court below is reversed, and it is again decided as follows.
[The reasoning of the judgment which is written in multiple times] The summary of the facts charged by this court and the evidence related to them are added to the second second half of the judgment of the court below, with the exception of adding "the defendant was sentenced to imprisonment on June 11, 2020 with prison labor for a violation of the Road Traffic Act (driving) from the Busan District Court's Busan District Court's Dong Branch Branch, and the judgment became final and conclusive on the 19th of the same month."