감금등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Sexual assault against the defendant for forty hours.
In light of the following: (a) the crime of this case committed by the prosecutor with the summary of the reasons for appeal by the Defendant was committed by intrusion upon the victim’s residence, which led to the Defendant’s indecent act by force against the elderly victim and detained him for a long time; (b) the crime of this case appears to have led to the occurrence of sexual humiliation and mental impulse; (c) the Defendant did not appear to have an attitude against the criminal investigation agency to deny the crime; and (d) the damage was not recovered, the lower court’s sentence ordering the Defendant to complete the program of sexual assault treatment for a period of 1 year and 40 hours is deemed to be too uneasible and unjust.
In light of the contents and possibility of recidivism of the crime of this case, it is improper for the court below to exempt the defendant from the disclosure notification order without specific reasons even though it is necessary to disclose the registered information of the defendant.
Before determining the ground for appeal on the ex officio judgment, we examine it ex officio.
The record reveals that the Defendant was sentenced to a suspended sentence of two years on December 18, 2014 by obstructing business operations in the Seoul Eastern District Court on December 18, 2014, and the judgment became final and conclusive on December 27, 2014.
However, the crime of coercion and confinement of this case is a concurrent crime with the crime of interference with the business of which judgment became final and conclusive, and as such, the punishment should be determined in consideration of equity with the case where judgment is to be rendered at the same time in accordance with Article 39(1) of the Criminal Act.
Therefore, the judgment of the court below that sentenced the defendant to the punishment can not be maintained without considering the equality in the case of judgment at the same time with each of the above crimes.
The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's grounds for appeal on the grounds of appeal, and the judgment of the court below is reversed and it is again decided as follows.
Criminal facts
Criminal facts of the defendant and the summary of the evidence.