강제추행등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
The defendant shall be 40 hours.
1. The summary of the grounds for appeal is too unreasonable that the punishment imposed by the court below on the defendant (the first instance court: imprisonment of two years, the completion of 40 hours in sexual assault treatment programs, and the second instance court: imprisonment of four months) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the case of appeal by the first instance court against the first instance court was consolidated in the proceedings of the oral argument by this court, which is the appellate case against the second instance judgment, and the case of this court 2014No1283, which is the appellate case against the second instance judgment. Each of the offenses committed by the lower judgment is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the extent that aggravating concurrent offenses pursuant to Article 38(1) of the Criminal Act. Thus, all of the lower judgment could no longer be maintained.
3. The lower court’s conclusion is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of the above ex officio reversal, and further decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 298 of the Criminal Act applicable to the crime, the choice of punishment, and Article 347 (1) of the Criminal Act;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by the Defendant during the period of repeated crime in the same kind of crime, the fact that the method of committing the crime is planned and many victims, the victim G during the trial of the lower court partially discharged the victim Q during the trial of the lower court, the confession and reflection of the crime, and other reasons.