사기등
The part concerning the first crime among the judgment of the court of first instance and the second judgment shall be reversed in entirety.
The defendant is reversed.
1. The decision of the court below on the summary of the grounds for appeal (Article 1: 4 months of imprisonment and a fine of one million won, 40 hours of completion of sexual assault treatment programs, and 2 months of imprisonment) is too unreasonable.
2. Determination
A. This Court decided to hold a concurrent hearing of these cases as an appeal against each judgment of the court below. Among the judgment of the court of first instance that sentenced to imprisonment, each of the crimes in Articles 1 and 2 of the judgment of the court of first instance as stated in the judgment of the court of first instance shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38(1)2 of the Criminal Act in relation to the concurrent crimes in the former part of Article 37 of the Criminal Act, so the crimes in Articles 1 and 2 of the judgment of the court of first instance cannot be maintained any more.
B. Even if the appellate court combines a case on which imprisonment with prison labor was imposed and a case on which a fine was imposed, if the appellate court maintains the sentence of punishment chosen by each of the court below, the crime of each of the above cases shall not be punished by a single sentence in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, not by a single sentence, but by imprisonment with prison labor and a fine pursuant to Article 38(1)3 of the Criminal Act. In such a case, the consolidated trial itself does not constitute a ground for reversal ex officio.
In this case, as long as the type of punishment selected by each court below does not seem to have exceeded the reasonable scope of discretion, it shall be deemed that the consolidated examination itself does not constitute a ground for ex officio destruction with respect to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) in each judgment of the court below, in which the court below
The first instance court's judgment is based on the reasons for sentencing as stated in its holding against the second crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media).