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(영문) 서울중앙지방법원 2017.05.19 2016노4939

강제추행등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for 80 hours.

Reasons

1. The summary of the grounds for appeal is too minor for the original judgment.

2. The lower court ex officio held that each of the forced indecent acts and the rest of the crimes in question constitutes a sex offense subject to registration is guilty, and all of the crimes are concurrent crimes under the former part of Article 37 of the Criminal Act.

In the light of this, one sentence of imprisonment was sentenced.

However, Article 45 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which was enforced by Act No. 14412 on December 20, 2016, was enforced after the judgment of the court below, and as a result of the application of this case, it was necessary to additionally examine whether the period of the registration of personal information on the defendant is deemed unfair to be determined within the period prescribed in each subparagraph of paragraph (1) of the same Article, and to judge whether the longer short-term period should be determined within the period prescribed in each subparagraph of the above Article. Thus, the judgment of the court below

Meanwhile, pursuant to Article 45(4) of the aforementioned Act, the part of the judgment setting the longer short-term period among the periods under the subparagraphs of paragraph (1) of the same Article is an incidental disposition that declared simultaneously with the conviction of a sex offense case subject to registration, and all of the judgment below should be reversed even if there is no error in the remaining part of the defendant of the judgment below (see, e.g., Supreme Court Decision 2017Do83, Mar. 15, 2017).

[Judgment of the court below] Summary of facts constituting an offense and a summary of evidence and summary of the evidence are as stated in each corresponding column of the court below.

Application of Statutes

1. Article 298 of the Criminal Act, Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 283(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 (a) of the Criminal Act, Article 329 of the Criminal Act, respectively, on criminal facts.