강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Sexual assault, 20 hours against the defendant.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. Ex officio determination
A. According to the omission record under the latter part of Article 37 of the Criminal Act, on October 10, 2013, the Defendant was sentenced to seven years of imprisonment with prison labor at the Changwon District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (in relation of relatives), and the dismissal of the final judgment by the Supreme Court on April 10, 2014 becomes final and conclusive by a judgment. As above, the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (in relation of relatives), etc. of sexual crimes (in relation of relatives), and each of the crimes of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and determine a punishment after considering equity with the case where the judgment is concurrently rendered and examining whether to reduce or exempt the punishment. Thus,
B. Amendments to Bill of Indictment and the Prosecutor applied for amendments to Bill of Indictment which add "the latter part of Article 37 and Article 39 of the Criminal Act" to the applicable provisions of the Act in the trial of the case, and since this Court was changed by permission, the judgment of the court below can no longer be maintained in this respect.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is so decided as follows.
[Dao-written judgment] The summary of the facts constituting a crime and the evidence admitted by the court below and the summary of the evidence are as follows: "The defendant was sentenced to seven years to imprisonment with prison labor at the Changwon District Court on October 10, 2013 due to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape in Relatives) and the above judgment became final and conclusive on April 10, 2014" in the first head of the crime column of the judgment of the court below, and the summary of the evidence is as follows."