강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Sexual assault, 40 hours against the defendant.
1. The sentencing of the lower court (limited to eight months of imprisonment, fine of KRW 300,00,000, and order to complete a sexual assault treatment program) is too unreasonable.
2. Before determining the Defendant’s ex officio on the assertion of unfair sentencing, the crime of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act (unlicensed driving) in the judgment of the court below constitutes an ordinary concurrence. The court below stated in the criminal facts that each of the above crimes was committed simultaneously at the same time and at the same place. While the court below stated in the criminal facts, it erred by omitting the ordinary concurrence on each of the above crimes, thereby imposing a fine of KRW 300,000 on imprisonment with labor in the text, and this affected the judgment, the judgment of the court below is no longer maintained in this regard.
3. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal on unfair sentencing of the defendant, and the judgment of the court below is reversed, and it is again decided as follows.
Criminal facts
The summary of this court's criminal facts and the summary of evidence is as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act selection of punishment, Article 260 (1) of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;