공연음란등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and two months.
Sexual assault, 80 hours against the defendant.
1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for six months and the second instance court: imprisonment with prison labor for one year) of the lower court is too unreasonable;
2. The judgment of the first and second court on the defendant's ex officio judgment was rendered, and the defendant filed an appeal against the first and second judgment on the judgment of the court below, and the court decided to hold the above two cases together.
Since the first and second court's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act, the first and second court's judgment cannot be maintained as it is.
3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is again decided as follows.
【Reasons for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, Article 245 of the Criminal Act, Article 319 (1) of the Criminal Act and the choice of imprisonment, respectively;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Provided, That the punishment for two crimes shall be aggravated within the scope of aggregated crimes);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with
1. The scope of applicable sentences under law: Imprisonment with prison labor for one month or for four years; and
2. Determination of sentence: The defendant has the same record of a stay of execution of imprisonment with prison labor in 2012 and twice in 2017 as a crime of obscenity in the same kind.