공연음란
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a period of two months.
Sexual assault against the defendant for 80 hours.
1. Although the Defendant did not submit a written reason for appeal within the submission period as a legitimate reason for appeal, according to the Defendant’s legal statement and the materials submitted by the prosecutor in the trial at the court, the Defendant was sentenced on March 24, 2017 to the Seoul Central District Court for a public performance and obscene crime, etc. on July 1, 2017 and the said judgment became final and conclusive on July 1, 2017.
Since the crime of obscenity and each crime in the judgment of the court below, which became final and conclusive, are concurrent crimes with the latter part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained as it is.
2. The judgment of the court below is reversed on the ground that there is a ground for ex officio reversal as seen above, and it is again decided as follows.
Criminal facts
On March 24, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for obscenity, etc. at the Seoul Central District Court on July 1, 2017, and the said judgment became final and conclusive on July 1, 2017.
“1. Before the judgment of the court below” in the summary of the evidence, except for adding “1. Before the judgment: the defendant’s legal statement, submission of reference materials, and text of the judgment of the court below.
Application of Statutes
1. Article 245 of the Criminal Act, the choice of imprisonment and punishment for the crime;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The reasons for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order are not to be somewhat weak, and the defendant's past record of punishment for the same kind of crime is to recognize and reflect the defendant's mistake, the defendant is to be a disabled person of class 3 without delay, the defendant is to be a disabled person of class 3 of the mental delay, the defendant's previous record of the judgment, and the crime of this case at the same time, and other favorable conditions of sentencing indicated in this case shall be determined as ordered by taking