강제추행
The judgment below
Among them, the part of the forced indecent act is reversed.
A defendant shall be punished by a fine of KRW 1,000,000.
1. The lower court determined that the Defendant was guilty of all the facts charged of the instant case, and sentenced the Defendant to four months of imprisonment with prison labor, imposed an order to complete sexual assault treatment programs for 40 hours, and the Defendant appealed on the ground that the sentencing was unfair.
On the other hand, prior to the remanding of the case, the first instance court rendered ex officio a not-guilty verdict on the grounds that it is difficult to see that the Defendant’s act constitutes the element of the crime of indecent act by force among the facts charged in the instant case, and that the Defendant’s intent to compel indecent act cannot be acknowledged. On the other hand, the lower court convicted the Defendant of only the injury among the facts charged in the instant case and sentenced
The Defendant did not appeal against this, and only the Prosecutor appealed against the acquittal portion of the judgment of the court of first instance (hereinafter “instant part”) before the remand. The Supreme Court reversed the instant part and remanded it to this court, which was the prosecutor’s appeal.
Therefore, the conviction portion of the judgment of the court of first instance prior to the remand is finalized as is by the failure of both the defendant and the prosecutor to file an appeal within the period of appeal, and the scope of the trial after the remand is limited to the part of this case.
2. The summary of the grounds for appeal is that the lower court’s punishment (for 4 months of imprisonment and 40 hours of sexual assault treatment program) is unfair because it is too unreasonable (the grounds for appeal on the part of mistake in fact on the six-time trial date after remanding the Defendant explicitly withdrawn). 3. Ex officio determination ex officio on March 1, 200, the guilty portion among the judgment in the judgment of the lower court prior to returning was already separated and finalized, as seen earlier, the court should re-determine the sentence for the part subject to the judgment of the lower court after remand, and in this respect, the part in the instant case cannot be maintained any longer.
4. Thus, the Criminal Procedure Act without examining the defendant's unfair argument of sentencing.