강제추행등
1. All the original decisions shall be reversed.
2. The defendant shall be punished by a fine of six million won.
3. The defendant shall be fined.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles do not have any fact that the Defendant assaulted the victim Q Q, damaged his mobile phone, or committed an indecent act against the victim D, using the victim’s chest.
B. The lower court’s each sentence on the grounds of unreasonable sentencing is too unreasonable.
2. Determination
A. We examine ex officio the defendant's grounds for appeal prior to the judgment.
The court held that each appeal against the defendant was jointly reviewed.
Since the crimes of each joined case are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed within the scope of the term of punishment aggravated for concurrent crimes in accordance with the example of Article 38(1) of the Criminal Act.
Therefore, the two decisions of the court below rendered on the defendant cannot be maintained any more.
However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of the court.
B. According to the evidence duly adopted and examined by the court below and the misapprehension of legal principles, Q, which is particularly reliable, and the statement at the investigation agency and court of the court below, the defendant used the victim Q Q as stated in the judgment of the court below, damaged his mobile phone, and intentionally committed an indecent act against the victim D with intent to commit an indecent act against the victim D, and can be sufficiently recognized.
Therefore, Defendant’s assertion is without merit.
3. If so, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, since there are grounds for reversal of the above authority, and it is again decided as follows.
The original judgment is all the fact of crimes and the summary of evidence recognized by the court.