공연음란등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for nine months and by a fine of eight hundred thousand won.
The above fine shall be imposed on the defendant.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of one year and a fine of 800,000 won, and the completion of sexual assault treatment programs for 40 hours) is unreasonable.
2. The nature of the instant crime is not good in light of the background, content, and circumstances after the instant crime.
The defendant has committed a crime repeatedly even though he had been guilty of violence.
However, in light of the fact that the victim P is not subject to the punishment of the defendant, the victim I, J and the above victims agreed not to have access within 50 meters of the restaurant operated by the victim I, J and the above victims, and other factors of sentencing indicated in the records of this case, the court below's punishment is heavy.
The decision is judged.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 245 of the Criminal Act regarding the crime, the choice of punishment (the point of obscenity, the selection of imprisonment with prison labor), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance of duties by force, the selection of fines), Article 314(1) of the Criminal Act (the point of interference with duties by force, the selection of imprisonment with prison labor), Article 311 of the Criminal Act, Article 283(1) of the Criminal Act, Article 284, Article 283(1) (the point of intimidation, the selection of imprisonment with prison labor), Article 283 of the Criminal Act, Article 284, Article 283(1) (the special intimidation, the selection of imprisonment with prison labor), Article 314(1), Article 313 (1), and Article 313 of the Criminal Act, Article 314(3) and (3) of the Punishment of Punishment Act, and Article 32(3) of the Punishment of the Criminal Act, respectively.
1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Punishment of sexual assault crimes committed to order;