강간등
Of the judgment of the court of first instance, the part of conviction against the defendant and the judgment of the court of second instance shall be reversed.
Defendant shall be punished by imprisonment.
1. The first instance court dismissed the prosecution for intimidation among the facts charged against the Defendant, and convicted the Defendant of the remaining facts charged, respectively.
The Defendant appealed from the judgment of the court of first instance on the guilty portion against the Defendant and the judgment of the court of second instance on the grounds of unfair sentencing.
Therefore, since the part of the judgment of the court of first instance dismissing the public prosecution against the defendant is divided and confirmed to be in excess of the period of appeal, the scope of the judgment of this court is limited to the guilty part of the judgment of the court of first instance and the judgment of the court of
2. The respective sentence of the lower court (the first instance court: imprisonment with prison labor for 2 years and 6 months, and the second instance court: imprisonment with prison labor for 4 months) against the Defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.
3. Examination ex officio prior to the judgment on the grounds for appeal by the defendant
The judgment of the court below in the first and second instances was rendered against the defendant, and the defendant filed an appeal against the guilty portion of the judgment of the court of first and second instances and the judgment of the court of second instances, and the court decided to jointly examine each of the above appeals cases.
However, since the first instance judgment against the defendant was guilty and the second instance judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, and each of the above judgment below against the defendant cannot be maintained as it is.
4. As such, the guilty portion of the judgment of the court of first instance and the judgment of the court of second instance are reversed ex officio as seen earlier. Thus, without examining the defendant's unfair argument of sentencing, the part of the judgment of the court of first instance which convicted the defendant and the judgment of the court of second instance among the judgment of the court of first instance pursuant to Article 364 (2) of the Criminal Procedure Act are reversed, and the judgment below
[Grounds for the new judgment] Criminal facts and summary of evidence recognized by the court and summary of evidence are the facts constituting a crime and summary of evidence.