성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
Sexual assault against the defendant for 160 hours.
1. Summary of the grounds for appeal by the defendant and his defense counsel
A. In light of the legal principles (as to the part of the disclosure and notification order of the first judgment), the Defendant’s personal information shall not be disclosed in special circumstances, in light of the following: (a) the Defendant’s mistake is against the Defendant; (b) the age at which he/she can expect the opening; (c) the N Hospital located in the Chang-si was unable to receive mental and physical treatment due to shock disorder, sexual intercourse, etc.; and (d) the treatment was discontinued for six months or longer; and (c) the status of the treatment continues to be improved for six months or longer; and (d) the licensed real estate agent’s office works at the licensed real estate agent’s office and is working
Nevertheless, the first instance judgment erred by misapprehending the legal principles regarding an order to disclose and notify personal information of the defendant for two years, thereby adversely affecting the conclusion of the judgment.
B. In light of the following: (a) the Defendant’s mistake of unfair sentencing is against each other; (b) the victim H expressed his/her intent not to want the Defendant’s punishment on August 29, 2014; and (c) the rest victims are making efforts to recover from damage, etc., the lower court’s punishment, which each sentenced to one year and six months of imprisonment; (b) orders to complete sexual assault treatment programs for 80 hours; (c) orders to notify the disclosure of personal information for 2 years (the first instance judgment); and (d) orders to complete sexual assault treatment programs for 6 months and 80 hours of imprisonment (the second lower judgment) is too unreasonable.
2. Prior to the determination of the grounds for appeal on the grounds of appeal, as each of the judgment below's respective cases are merged in the trial, each of the crimes in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and shall be adjudicated concurrently pursuant to Article 38 of the Criminal Act and sentenced to a single sentence. In this regard, the judgment of the court below cannot be maintained any more.
3. Conclusion.